DILIP KUMAR Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 20.02.2020 in F.No.DRI/VIII/48/ENQ-01/INT-03/2020 on 20.02.2020 at 11.45 P.M., for alleged offences under sections 133 and 135 of the Customs Act, 1962 as amended in connection with the alleged seizure of gold and produced and remanded to judicial custody on 21/02/2020 in RR.No.6/2020 on the file of Additional Chief Metropolitan Magistrate for Economic Offences -I at Egmore, Chennai on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that the respondent issued arrest memo under section 50 of Cr. P.C and Article 22 (1) of the Constitution stating that "the respondent have reasons to believe that the petitioners have committed an offence punishable under the provisions of section 133 and section 135 of the Customs Act, 1962, in respect of 12693 grams of foreign origin gold totally valued at Rs.5.44 Crore vide Mahazar dated 19/02/2020 drawn at the Arrival Hall of Anna International Airport" and the petitioners were arrested by the respondent in F.No.DRI/VIII/48/ENQ-01/INT-03/2020 on 20.02.2020 at 11.58 P.M., for alleged offences under sections 133 and 135 of the Customs Act, 1962 as amended in connection with the alleged seizure of gold and produced and remanded to judicial custody on 21/02/2020 in RR.No.6/2020 on the file of Additional Chief Metropolitan Magistrate for Economic Offences -I at Egmore, Chennai.

(3.) The learned counsel for the petitioners submitted that on extraneous reasons it was shown arrest along with number of other individual passengers who are all coming from different flight from different countries by pooling the alleged gold brought by all the passengers under one remand report for the purpose of convenience of the respondent and petitioners do not know involvement of any other passenger arrested along with them and the remand report contains full of falls particulars to justify and detained the petitioners and several other accused persons in one case which is not permitted under the provisions of Customs Act , 1962 as amended in view of section 77 of Customs Act, 1962 as amended.