S JAMAL Vs. CHIEF COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE petitioner, alleging that some of the customs officials posted at the International Passenger Terminal of Anna Airport, Chennai, indulged in irregularities and corruption, made a complaint to the Chief Commissioner of customs, Chennai. According to him, in spite of the serious allegations made against the named officials, neither an enquiry has been conducted nor a case registered by the Customs Department on such complaint; hence, the present petition has been filed for a direction to the first respondent to conduct investigation through the second respondent on the complaint made by the petitioner.

(2.) LEARNED Special Public Prosecutor submits that the petitioner is a smuggler and was arrested earlier for having indulged in offences under the Customs Act; that he was also detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act; and that the son of the petitioner was also indulging in smuggling activities, for which, a case was filed against him; in such circumstances, it is ex facie apparent that only with an ulterior motive and mala fide intention, both the complaint before the first respondent and the present petition before this Court have been preferred.

(3.) I have heard the counsel appearing on either side and perused the materials available on record. It is seen that on the complaint of the petitioner, an enquiry has been conducted by the Joint Commissioner of Customs (CCO), Customs House, Chennai-1, and, in para No. 4 of the Enquiry Report, it has been stated as follows:-