JUDGMENT :

1 Rule. With the consent of the learned counsel for the parties, Rule is made returnable forthwith and heard.

2. By this Writ Petition the Petitioner seeks directions to Respondent No.1 – Directorate of Revenue Intelligence to hand over to the Petitioner the Petitioner’s Passport bearing No.A3704426 and, to refund the amount of INR 30,000/- (Rupees Thirty Thousand only) taken from the Petitioner at the time of releasing the Petitioner on bail in connection to the Petitioner’s arrest on 15th March 2019.

3. It is the case of the Petitioner that Petitioner is a Malaysian national who arrived at Chhatrapati Shivaji Maharaj International Airport, Mumbai on 15/03/2019 from Kuala Lumpur, Malaysia by Malaysian Airlines. After completing formalities at Airport, some officers of Respondent No.1 approached to the Petitioner and made inquiries. It is the case of the Petitioner that Respondent No.1 forcefully confiscated all personal belongings of the Petitioner including Malaysian Passport and, illegally detained him at the Airport for 6 hours. It is stated by the Petitioner that the Petitioner was then taken to the office of Respondent No.1 where the Petitioner was illegally detained and tortured with a view to making the Petitioner confess to some alleged smuggling of goods into India. It is also the case of the petitioner that the Petitioner was neither informed the grounds of his arrest/detention nor was he produced before a Magistrate during the entire period of his detention. It is stated that the Petitioner was forced to sign on several documents without reading out its contents to him. The Petitioner was then released by Respondent No.1 on an alleged bail and INR 30,000/- was collected from him by Respondent No.1 towards such bail. The Petitioner repeatedly requested Respondent No.1 to return his Passport which was illegally retained by Respondent No.1, but Respondent No.1 did not give any heed to the said requests. It is further the case of the Petitioner that Respondent No.1 has violated the fundamental rights available to the Petitioner under Article 21 of the Constitution of India. The Petitioner therefore filed the present Petition seeking directions to Respondent No.1 to return the passport of the Petitioner and refund of Rs.30,000/- to the Petitioner.

4. Heard the learned counsel for the parties. At the outset, learned counsel for the Petitioner states that the scope of the present Petition is restricted to the action of Respondent No.1 impounding the Petitioner’s passport. The learned counsel for the Petitioner submits that, although the Petitioner is not an Indian national, he is still entitled to the basic human rights as enshrined in the Constitution under Articles 21 and 22 irrespective of his nationality or citizenship. It is submitted that for no reason Respondent No.1 has illegally detained the Petitioner and forcefully confiscated his belongings including his passport. It is submitted that Respondent No.1 has illegally retained the passport of the Petitioner and violated the Petitioner’s fundamental right of personal liberty and the right to travel abroad as also his fundamental rights by illegally impounding and retaining the Malaysian Passport of the Petitioner without informing him the grounds of his arrest or producing the Petitioner before a Magistrate. It is submitted that as per provision of Customs Act, 1962, Respondent No.1 is required to inform the Petitioner the grounds of his arrest and to produce him before the Magistrate without any delay. It is submitted that Respondent No.1 could not have collected Rs.30,000/- towards the alleged bail of the Petitioner. It is submitted that though it is assumed that the Petitioner has committed the alleged offence, the said offence is bailable and there is no need to seize the Passport of the Petitioner. As stated herein above, though several grounds have been raised in the Petition, the learned counsel for the Petitioner has confined his arguments only to th