TANGKESWARAN Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) On 29/4/2022, the Directorate of Revenue Intelligence, Coimbatore received a secret information that four Malaysian passengers, traveling by Scoot Airlines, Flight No.TR540 from Singapore to Coimbatore are likely to carry Gold with an intent to smuggle it to India without payment of the applicable customs duty. Upon such information, surveillance was monitored and the four passengers were identified and upon search, there was nothing found in respect of two passengers and they were allowed to go, while, in respect of Tangkeswaran, bearing Malaysian Passport No.A55506477 and one Nandhini Tangkeswaran bearing of Malaysian Passport No.A55506479, in two parcels in their bags, covered with white color adhesive tapes, were found to be gold bars weighing 2.1kgs each, totaling to 4.2kgs were seized. Before the seizure, the said persons answered that they did not have any such material with them. Therefore, the said persons were arrested and remanded to custody, pending adjudication proceedings as well as pending criminal prosecution by the authorities under the Customs Act.

(2.) While so, after being released on bail, the said two Malaysian nationals have filed Crl.M.P.Nos.20974 and 20975 of 2022 for return of their respective passports to them. The same was resisted by the respondent / prosecution on the ground that the petitioners have to face the criminal prosecution and being Malaysian nationals, the passports cannot be returned to them as they would flee justice. After considering the materials on record and the submissions on either side, by an order dated 01.078.2022, the learned Chief Judicial Magistrate, Coimbatore dismissed both the applications. Aggrieved by the same, the present revisions are filed.

(3.) Heard Mr.B.Kumar, learned Senior Counsel appearing on behalf of the petitioners and Mr.N.P.Kumar, learned Special Public Prosecutor appearing on behalf of the prosecution.