LAWS(CAL)-2008-4-110

THE COLLECTOR OF CUSTOMS NOW KNOWN AS THE COMMISSIONER OF CUSTOMS (AIRPORT) Vs. MR. JOSE MARCIO BARRETO RAMIRES AND ANR.

Decided On April 23, 2008
The Collector Of Customs Now Known As The Commissioner Of Customs (Airport) Appellant
V/S
Mr. Jose Marcio Barreto Ramires And Anr. Respondents

JUDGEMENT

(1.) Aggrieved by an order passed on April 7, 2008, by the Learned District and Sessions Judge, Barasat, North 24 -Parganas, in connection with Criminal Revision No. 86/2008 directing the Customs Authority to return the accused/opposite party No. 1, Jose Marcio Barreto Ramires, his Brazilian Passport No. C.O. - 740121, withheld in connection with the Customs Case No. C -384/2008 relating to the offences punishable under Sec. 132/135 of the Customs Act, the petitioner moves the instant criminal revision.

(2.) Mr. Biswa Ranjan Ghoshal, the learned Senior Counsel appearing with Mr. Ujjwal Dutta, advocate on behalf of the petitioner, submitted that the order of returning the Passport to the accused/opposite party is wholly illegal and erroneous and vehemently urged that the learned Court below should not have made the order for return of Passport to the accused/opposite party No. 1 due to the following reasons;

(3.) On the other hand, Mr. Joymalya Bagchi appearing with Mr. Siladitya Sanyal, the learned advocate on behalf of the accused/opposite party No. 1 submitted that the order for return of the Passport does not suffer from any illegality or impropriety and same is fully justified, and does not deserve any interference by this Court. In support of his contention Mr. Bagchi further submitted as follows;