S BALASUBRAMANIAM Vs. R MUTHU KRISHNAN

JUDGEMENT

(1.) W.P. Nos. 519, 521 and 523 of 1992 : The prayer in the writ petitions is as follows :

(2.) It came to the notice of the Customs Department-respondents that certain consignments have been exported by forgery of Customs documents viz., the shipping bills as though the same had been examined and passed by the competent officers of the Customs Department. An investigation was lodged into the matter on the basis of three consignments. In connection with such investigation summons were issued to the petitioner and to Mr. S. K. S. Hameed, petitioner in W.P. No. 519 of 1992 and the petitioner in W.P. No. 521 of 1992, who is the Director of the petitioner in W.P. No. 523 of 1992. There the petitioner is employed. The Officers of one Mackt Travels and Cargo (P) Limited who were the agent for Malaysian Airlines and to whom the consignment had been entrusted were also interrogated. On 25-12-1991 interrogation was conducted between 11 a.m. and 5 p.m. mainly with the employees of Mackt Travel and Cargo (P) Limited and with the petitioner in W.P. No. 521/92, S. K. S. Hameed. It seems when the interrogation was not completed the petitioner in W.P. No. 519/92 and W.P. No. 521/92 were asked to come next day i.e. on 26-12-1991 and they themselves undertook in writing to come the next day. When they came back on 26-12-1991 they were interrogated till 5 p.m. It seems the petitioner in W.P. 522/92 one S. K. S. Hameed, has given a statement on 25-12-1991 and there was nothing further required from him on 26-12-1991 he left the place at 3 p.m. The petitioner in W.P. No. 519/92 one Balasubramaniam left the place at 5 p.m. Pursuant to the statements of the petitioners, further investigation have been continued with other persons also apparently involved in the activities and it transpires that apart from the three consignments at least 17 consignments within the period July 1990 to December 1991 have been sent out to foreign countries through forgery of Customs documents. At this stage the petitioners have come up to this Court with the above said prayer.

(3.) Notice of motion has been ordered by me on 21-1-1992.