JUDGMENT :

1. The present writ petition has been filed for the following prayers:

a. YOUR LORDSHIP may be pleased to issue a Writ of Certiorari or a Writ in nature of Certiorari, or any other appropriate Writ, Order of Directions under Article 226 of the Constitution of India quashing and setting aside the impugned arrest memo F.No. DRI/AZU/CI/ENQ-12 (INT05/2015 (PT-PNP) dated 04th February, 2016 as well as also declare the above arrest illegal.

b. YOUR LORDSHIP may be pleased to issue a Writ of Certiorari/Mandamus or a Writ in the nature of Certiorari/Mandamus, or any other appropriate Writ, Order or Directions directing the Respondents collectively herein to compensate the petitioner for the defamation of Petitioner's name and character due to the illegal arrest made by the Respondent No.4.

c. YOUR LORDSHIP may be pleased to award exemplary damages to the Petitioner for unconstitutional action of unlawful arrest by the officers of the respondent No.1.

d. xxx xxx xxx

2. Learned advocates Mr. Naresh Jain, Ms. Aarti Debnath, Ms. Laxmi Rungta with Mr. P.P. Majmudar appearing for the petitioner submitted that the petitioner Mr. Pawan Kumar Kaushik, is s/o. Late Sardar Mal Kaushik, having his office at A-601-607, Mangal Aarambh, Kora Kendra, Borivalli, (West), Mumbai-400 092. The petitioner is an NRI residing in Taiwan and managing and handling businesses in Taiwan over 32 years. From Taiwan, his firm exports various items to all over the world including India. In the year 2001, he incorporated companies in India named PNP Polytex Private Limited, and PNP Polymers Private Limited and started marketing quality and innovative products all over India.

3. Learned advocate for the petitioner submitted that respondent No.1 is the Union of India and the respondents No.2 to 4 are the officers of respondent No.1 exercising the powers and discharging duties conferred upon them under the provisions of the Customs Act, 1962 and the Rules and Regulations made thereunder (for short “the Act” and “the Rules” or “ the Regulations”), more particularly respondent No.2 is the Additional General Director Revenue Intelligence. The respondent No.3 is the Senior Intelligence Officer of Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, who issued summons to the petitioner. The respondent No.4 is the Intelligence Officer of Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, from the office of the respondent No.3, who had issued the impugned arrest memo and illegally arrest the petitioner.

4. The present petition has been field by the petitioner seeking to invoke extraordinary jurisdiction vested in this Court under Article 226 of the Constitution of India against the arrest memo dated 4th February, 2016 F.No.DRI/AZU/CI/ENQ-12 (INT-05/2015 (PT-PNP) (for short “the arrest memo”) issued by the respondent No.4 and also the arrest made by the respondent No.4.

5. The brief facts of the case are as under:-

5.1 In the year 2001, the petitioner incorporated companies in India named PNP Polytex Private Limited, and PNP Polymers Private Limited. (for short “petitioner's companies”), having its registered office at A-601-607, Mangal Aarambh, Kora Kendra, Borivalli, (West), Mumbai-400 092, and started marketing quality and innovative products all over India.

5.2 The investigation was initiated by the respondent No.3 with respect to the import of Nylon Mono Filament Yarn by the petitioner. In this regard, summon was received by the petitioner to appear before the respondent No.3 on 4th February, 2016 at 12:00 pm.

5.3 Thereafter, the respondent No.4 from the office of the respondent No.3 arrested the petitioner on 4th February, 2016 at 22:40 hours under Section 104 of the Customs Act, 1962 vide the impugned Arrest Memo alleging that the petitioner had committed an offence punishable under Section 135 of the Act. It was alleged that the petitioner was involved in the activity of importing the Nylon Mono Filament Yarn by resorting to over-valuation and also importin