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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Deputy Commissioner Of Customs – Appellant
Versus
State Of Kerala, Represented By Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. scope of issuance of orders under section 94 of the bnss. (Para 1 , 2 , 3) |
| 2. court's responsibility and cooperation in grave criminal investigations. (Para 4 , 8 , 9 , 10) |
| 3. arguments related to statutory obligations in investigations. (Para 5) |
| 4. legal interpretation of section 91 and 94 regarding document production. (Para 11 , 12) |
| 5. modification of the order regarding the production of specific information. (Para 15) |
ORDER :
C.S. DIAS, J.
Can an Investigating Officer direct a statutory authority to produce a document or thing for the purpose of investigation of a crime?
2. Aggrieved by an order passed by the Additional Sessions Judge–II, Thiruvananthapuram, the Deputy Commissioner of Customs of the Thiruvananthapuram International Airport has invoked the inherent jurisdiction of this Court.
3. The petitioner was served with Annexure A1 order passed under Section 94 (1) of the Bharatiya Nagarik Suraksha Sanhita (‘ BNSS ’, in short), directing him to furnish the details of the customs officers who were on duty in the Thiruvananthapuram International Airport on 09.07.2025 between 06.00 p.m. and 09.00 p.m., including their designation, official addresses and mobile numb
DEPUTY COMMISSIONER OF CUSTOMS THIRUVANANTHAPURAM INTERNATIONAL AIRPORT vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 18894: The treatment is unclear. The snippet describes an appeal against an order by the Additional Sessions Judge–II, with opposition from the Public Prosecutor and reference to "State of Kerala and another." No keywords or phrases (e.g., overruled, reversed, followed, distinguished) indicate judicial treatment by subsequent decisions. It appears to be a descriptive case summary rather than an analysis of treatment.
Sarath Kumar VS State of Kerala, Represented By Public Prosecutor - 2019 0 Supreme(Ker) 700: The treatment is unclear. The snippet states a legal principle regarding Sec.233(3) of Cr.P.C., explaining what an accused is entitled to and limitations on issuing process. No keywords or phrases indicate how this case has been treated in subsequent decisions (e.g., followed, overruled, criticized). It appears to articulate a rule without referencing treatment patterns.
An Investigating Officer's request for document production must be limited to documents in the person's possession, emphasizing legal cooperation in serious investigations like drug trafficking.
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Total non-compliance with Section 42 of the NDPS Act renders the search and seizure invalid, compromising the prosecution's case and necessitating overturning of the conviction.
Bail application – Alleged non-compliance of Section 41B of Cr.P.C. – Such technicalities in cases of such nature does not entitle accused to get benefit under NDPS Act, when charged with offences of....
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