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1989 Supreme(Bom) 234

M.S.DESHPANDE
B. S. Rawat, Asstt. Collector of Customs, Bombay – Appellant
Versus
Mohmed Azan Khan @ Wali Mohd. Khan @ Hamid & others – Respondent


JUDGMENT - M.S. DESHPANDE, J.:--- Faced with the difficulty created by the order passed by the learned Additional Sessions Judge, Greater Bombay, by which he refused the Customs authorities or any other Central Government Agency such as D.R.I. Central Excise, Narcotic Control Bureau, Enforcement Directorate to have the accused placed in their custody. The Assistant Collector of Customs by this application seeks a direction for issue of an examination warrant for production of respondents 1 to 5 for investigation and for holding that under the provisions of section 267 or any other provisions of Criminal Procedure Code, 1973, the authorities above mentioned are entitled to move the Competent Court for production of accused persons in judicial custody for being handed over to such agency for carrying out investigation and enquiries under any of the Customs Enactments by issue of examination warrant.

2. On July 19, 1989 the staff of the Preventive Collectorate intercepted two fiat cars at the junction of Tejpal Lane, Off Govalia Tank Bus Terminus and apprehended two persons-Aslam-respondent No. 3 and Mohmed Yakub Shekh-respondent No. 2 who attempted to take away the two Fiat cars after


















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