THE SUPERINTENDENT OF CUSTOMS Vs. SAREEBDEEN JUWAIRIYA

JUDGEMENT

(1.) THIS petition has been filed to direct the Additional Chief Metropolitan Magistrate (E.O.I & E.O.II) at Egmore, Chennai to receive the remand papers and the remand prisoners if brought to them by the Petitioner/Complainant and remand them irrespective of the place of occurrence of the offence if they have placed under arrest at Custom House, Chennai -1.

(2.) THE respondent/accused was intercepted by customs officials on 15.7.2015 at about 21 hours on his arrival by flight from Sri Lanka and when he was passing through the green channel on suspicion that he was carrying some contraband. The baggage of the passenger was checked and 1990 grams of gold was recovered from him. Summons was issued to him on the Customs Act and he accompanied the officers for further enquiry to the Customs House in the First Line Beach, Chennai. His statement was recorded by the officer and thereafter, he was formally placed under arrest on 16.7.2015, on the Customs House, Chennai after serving a copy of the arrest memo on him. Thereafter, the petitioner was produced before the learned Additional Chief Metropolitan Magistrate (E.O.I & E.O.II) at Egmore, Chennai for remand under Section 161 Cr.P.C. and the learned Magistrate refused to remand the accused and has passed the following order:

(3.) THE office of the Chief Metropolitan Magistrate has also issued an office order dated 18.10.1993 which reads as follows: