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2016 Supreme(Ker) 986

K.T.SANKARAN, RAJA VIJAYARAGHAVAN V.
Kishin S. Loungani – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Vikram Chaudhari (Sr), Sri. P.A. Augustian, Sri. M.A. Baby, Sri. T.S. Biju
For the Respondents: Sri. K.M. Nataraj, Additional Solicitor General, Sri. Manu S., CGC, Sri. C.P. Udayabhanu, Public Prosecutor Smt. Bindhu Gopinath, Addl. Director General of Prosecution, Director General of Prosecution

JUDGMENT :

K.T. Sankaran, J.

The main question to be decided in this Writ Petition is whether the provisions of Sections 154 to 157 and 173(2) of the Code of Criminal Procedure would apply in respect of the proceedings under the Customs Act, in view of Section 4(2) of the Cr.P.C. and whether in respect of offences under Sections 133 to 135 of the Customs Act registration of FIR is compulsory before the person concerned is arrested and produced before the Magistrate.

2. The Writ Petition is filed by the petitioner for the issue of a writ of habeas corpus directing release of the petitioner from custody pursuant to an arrest and detention for violation of the provisions of the Customs Act. In the Writ Petition eight reliefs have been prayed for, the 8th relief being a residuary one praying to pass any further orders which the Court may deem fit and proper to issue in the interests of justice. The learned senior counsel for the petitioner submitted that the petitioner is not pressing relief (VII) at this stage and that the questions involved with respect to reliefs (V) and (VI) may be kept open with liberty to the petitioner to invoke those reliefs at the appropriate stage. That means, f






































































































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