Bombay High Court
Rafat Khan And Anr vs Directorate Of Revenue Intelligence, ... on 23 July, 2019
Author: Bharati H.Dangre
Bench: Ranjit More, Bharati H.Dangre
1/3 905 WP-3709.19 DRI.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3709 OF 2019
Rafat Khan & Anr. .. Petitioner
Vs.
The Directorate of Revenue
Intelligence & Ors. .. Respondents
...
Mr. Vikram Choudhary, Sr. Advocate i/b Mr. Yogesh Rohira for
the petitioners.
Ms. Rebeca Gonsalvez for Respondent No.1 - DRI.
Mr. Deepak Thakare, Public Prosecutor with Mr. A.D.
Kamkhedkar, A.P.P. for the State.
CORAM: SHRI RANJIT MORE &
SMT. BHARATI H.DANGRE, JJ.
DATED : 23rd JULY, 2019.
P.C.:-
1. Having heard Mr. Choudhary, learned senior counsel for the petitioners, Ms. Rebeca Gonsalvez for Respondent No.1 and Mr. Thakare, learned Public Prosecutor for the State, we issue notice to Respondent No.3, returnable on 13/08/2019.
2. So far as the ad-interim relief is concerned, Mr. Choudhary, AJN ::: Uploaded on - 24/07/2019 ::: Downloaded on - 25/07/2019 01:02:45 ::: 2/3 905 WP-3709.19 DRI.doc learned senior counsel for the petitioners submits that the application for compounding the subject offence is made to Respondent No.2 on 17/07/2019. He further submits that the statement of petitioner No.1 is already recorded and petitioner No.2 is, at present, in U.A.E. and he is returning to India on 25/07/2019.
The limited direction sought in this petition is to decide the petitioners' application for compounding the offence. Mr. Choudhary also drew our attention to the provisions of Section 137(3) of the Customs Act, 1962 under which an application for compounding can be decided before or after the prosecution.
3. Ms. Gonsalvez, learned counsel for respondent No.1, however, submits that the investigation of the subject crime is in progress and the application made by the petitioners, is pre-mature.
4. The Rules framed under the Customs (Compounding of Offences) Rules, 2005 and in particular Rule 3 thereof allow the petitioners to make an application under sub-section (3) of Section 137 of the Customs Act either before or after the prosecution. In the light of the above and in the light of the statement made by Mr. Choudhary, learned senior counsel for the petitioners that the petitioners will co-operate with the investigation, we direct that no coercive action shall be taken against the petitioners in the subject crime. In addition to that, we also grant ad-interim relief in terms of prayer clause d(ii) of the petition. It is made clear that this order will not come in the way of (i) Respondent No.3 deciding the petitioners' application for compounding the offence and (ii) Respondent No.1 carrying out investigation into the subject crime AJN ::: Uploaded on - 24/07/2019 ::: Downloaded on - 25/07/2019 01:02:45 ::: 3/3 905 WP-3709.19 DRI.doc under Section 137(3) of the Customs Act and issuing show cause notices.
5. Needless to mention here that the petitioners shall co-operate with respondent No.1 in investigation of the subject crime.
6. Stand over to 13/08/2019.
(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) AJN ::: Uploaded on - 24/07/2019 ::: Downloaded on - 25/07/2019 01:02:45 :::