JUDGMENT :

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant, apprehending arrest pursuant to the summons issued to him by the Directorate of Revenue Intelligence under Section 108 of the CUSTOMS ACT , 1962, has prayed for the following reliefs :

“(A) Issue Writ of Mandamus or Writ of Prohibition or any other order or directions holding that the investigations into the non-cognizable offence(s) under the Customs Act, 1962 without seeking order of the Magistrate under Section 155 Code of Criminal Procedure, 1973 to be null and void ab initio;

(B) Issue Writ of Mandamus or Writ of Prohibition or any other order or directions holding that the investigations into the Cognizable offence(s) under the CUSTOMS ACT , 1962 shall not be done without complying Sections 154 , 156, 157 & 172 Code of Criminal Procedure, 1973 and the investigation carried out for the cognizable offence(s) under the CUSTOMS ACT , 1962 without be illegal, non-est, null and void ab initio as also without jurisdiction; uncons