Kalu Ram Dholi S/O Sohan Lal Dholi And ANR. v. Union Of India And ORS.

wp 1533 & 1579.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1553 OF 2019 Mr. Gaurav Kumar Bant S/o.

Hastimal Bant and anr.

......Petitioners versus Union of India through Directorate of Revenue Intelligence, Mumbai and ors.

.......Respondents and WRIT PETITION NO. 1579 OF 2019 Mr. Kalu Ram Dholi S/o. Sohan Lal Dholi and anr. ......Petitioners versus Union of India through Directorate of Revenue Intelligence, Mumbai and ors.

.......Respondents Dr. Sujay Kantawala along with Mr. Pankaj D. Jain I/b. P. D. Jain and Co., advocates for the petitioners.

Ms. Rebecca Gonsalvez, advocate for the respondent Nos.1 and 2. Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 29th MARCH, 2019.

P. C. :

Ms. Gonsalvez, learned counsel, on instructions of respondent No.2, makes a statement that the investigation of the subject case is being carried out by Kolkata - DRI and, therefore, apprehension of the petitioners that they will be arrested by Mumbai - DRI is uncalled for. She also stated that the petitioners would not be arrested by Mumbai - DRI. The statement is accepted.

Shubhada S Kadam 1/2

wp 1533 & 1579.19.doc 2.

Ms. Gonsalvez submitted that the petitioners premises are not sealed and only notice is pasted on the said premises stating that any person who intends to open the premises shall contact Mumbai- DRI. She also, on instructions, makes a statement that the petitioners would be permitted to reopen the premises in the presence of the officers of Mumbai -DRI on 1st April, 2019, at 11.00 am. The statement is accepted. Mumbai - DRI would be permitted to take search of the said premises. 3.

In the light of the above statements, we dispose of the petitions with liberty to the petitioners to approach the appropriate High Court in the event of receipt of summons under the Customs Act. In order to avail such remedy, no coercive action shall be taken against the petitioners by Kolkata - DRI for a period of two weeks from today. [SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2