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2021 Supreme(Ker) 237
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Amit Rawal, J.
Muhammed Asif K.A. and ors. – Petitioners
Versus
Sreejith M. and ors. – Respondents
Con.Case(C). No.209 OF 2021 In WP(C). 10771 of 2020
Decided On : 09-04-2021
Advocate Appeared:
For the Petitioner: Sri.P.A.Augustian
For the Respondent: Shri.S.Manu, CGC,
Point of Law: Pre-arrest bail order – Notice for expeditious, penal and confiscated adjudication proceedings - While in custody, unless addendum to show cause notice is issued before adjudicating authority showing progress of further investigation, penal and confiscated adjudication would be further delayed, not regarding petitioners but other persons also.
Headnote:
Customs Act, 1962 - Section 108 – Directorate of Revenue Intelligence - Seeks to issue a writ of mandamus or any other appropriate writ order or direction, directing Respondent no. 1 to permit petitioners to forthwith record their statements under Section 108 of Act, 1962 by video conferencing in investigations under Customs Act, 1962 in File by temporarily waiving their physical presence, till further rise in Covid-19 cases comes to a halt.
Finding of the court: Admittedly petitioners were available without armed with any pre-arrest bail order - They were interrogated by DRI in custody at Thiruvananthapuram Jail on account of surrender in pursuance of notification either before director General of Police, Government of Kerala or Commissioner of Police, Government of Maharashtra - DRI ought to have completed investigation by issuing addendum to the show cause notice for expeditious, penal and confiscated adjudication proceedings.
Result: Application disposed of
JUDGMENT :
This Court vide judgment dated 22.06.2020 considering the prayers made therein, disposed of the writ petition by passing the following:
"Petitioners two in number being the residents of Kerala through instant writ petition sought the indulgence of this Court with the following prayers:
(a) To issue a writ of mandamus or any other appropriate writ order or direction, directing the Respondent no. 1 to permit the petitioners to forthwith record their statements under Section 108 of the Customs Act, 1962 by video conferencing in investigations under Customs Act, 1962 in File No.DRI/MZU/E/INT-65/2019, by temporarily waiving their physical presence, till further rise in Covid-19 cases comes to a halt;
(b) At the interim / ad-interim stage, pending final disposal of the instant writ petition, the Respondent no. 1 may please be directed to permit the petitioners to forthwith record their statements under Section 108 of the Customs Act, 1962 by video conferencing in investigations under Customs Act, 1962 in File No. DRI/MZU/E/INT-65/2019, by temporarily waiving their physical presence:
(c) Any other further directions as may deem just, fit and expedient may also please be passed.
(d) Grant such other relieve that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. During the course of the hearing of the writ petition on the last date it is brought that the W.P. (Crl).No.883202 of 2020 and Crl.Mc.Appln.7327 of 2020 had been filed in the High Court of Delhi for seeking a permission for detention in Kerala. Sri.Ashish Batra, learned counsel appearing on behalf of the petitioners informs the Court that as an interim measure vide order dated 16.06.2020 Hon'ble Delhi High Court has permitted the petitioners to surrender before the Deputy General of Police, Government of Kerala, Thiruvananthapuram and have surrendered also.
3. Sri.S.Manu, learned counsel appearing on behalf of Directorate of Revenue Intelligence (DRI) Officer does not dispute the factum of the order as well as the surrender. He submits that the petitioners have been put into quarantine in Thiruvananthapuram jail and after the period of quarantine the statements would be recorded by DRI officials from Mumbai, thus no cause of action survives.
4. At this stage Sri.Ashish Batra, learned counsel appearing on behalf of the petitioners confines the prayer that the respondents may be directed to expedite the recording of the statement and issuance of show cause notices.
5. Having heard learned counsel for the parties and appraised the paper book, I am of the view that prayer sought in the writ petition in general no longer subsists. In view of interim order dated 16.06.2020 of the Hon'ble High Court of Delhi Petitioners are in detention in Thiruvananthapuram Jail. After the period of quarantine the respondents are directed to expedite the recording of the statement under Section 108 and issue regarding show cause notice under Section 124 of the Customs Act be expedited.
The writ petition with aforementioned observation stands disposed of.”
2. I.A.No.1/2020 has been filed seeking clarification of the order to the limited extent that the direction given by this Court for expeditious issuance of show cause notices under Section 124 of the Customs Act construed as the issuance of show cause notice immediately in view of the fact that almost six months have passed since passing of the judgment dated 22.06.2020 and till date, no show cause notices have been issued. The aforementioned application is dated 17.12.2020.
3. However the contempt petition bearing No.209/2021 dated 19.01.2021 has been filed on the premise that the respondents did not issue the show cause notices after a lapse of considerable time and failed to comply with the judgment. In response to the notice issued in the contempt case and the application, respondents have filed a reply raising the following objection:
(1) that there was no such direction for expediting the issuance of the s
