Irfan Mohamed Ismail Molvi v. Asst Commissioner Of Customs And ORS

Kanchan Dhuri

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4413 OF 2021 Irfan Mohamed Ismail Molvi ... Petitioner

Versus

Asst. Commissioner of Customs and others ... Respondents .........

Mr. Taraq Sayed, Advocate for the Petitioner. Ms. Aruna K. Pai, Special Public Prosecutor for the Respondent Nos.2 and 3-Union of India.

Mr. A.R. Kapadnis, APP for the Respondent No.4-State. Mr. Vivekanand Shankar Rasam, IO, present.

.........

CORAM : M.S. SONAK & N.R. BORKAR, JJ.

DATED : 15th September 2022 P.C. :

1.

Heard Mr. Taraq Sayed, learned Counsel for the Petitioner, Ms. Aruna K. Pai, Special Public Prosecutor for the Respondent Nos.2 and 3-Union of India and Mr. A.R. Kapadnis, APP for the Respondent No.4State.

2.

Mr. Sayed, learned Counsel for the Petitioner submits that the Petitioner's pending application for visa to attend the court where the Petitioner is facing prosecution is not being disposed of. 3.

The learned Special Public Prosecutor states that if the Petitioner files an application seeking visa alongwith details of the case and the date on which the same is posted, then, such application, will be considered and disposed of expeditiously.

4.

Accordingly, the Petitioner, may make a fresh application providing all such details and the concerned Respondents, consistently the statement made by the learned Special Public Prosecutor, to consider and dispose of this application as expeditiously as possible and in any case within 15 days from the date of its receipt.

5.

The learned Special Public Prosecutor states that the above statement is made by her based on instructions from Mr. Vivekanand Shankar Rasam, Investigating Officer, who is present in Court. 6.

Mr. Sayed, learned Counsel for the Petitioner states that the Petition can now be disposed of with the above directions granting liberty to the Petitioner to pursue the relief concerning the lookout circular independently.

7.

Accordingly, this Writ Petition is disposed of by issuing the above direction and by granting liberty to the Petitioner to take out fresh proceedings, if so advised, concerning the lookout circular. 8.

The Writ Petition is disposed of in the above terms. There should be no order as to costs.

(N.R. BORKAR, J) (M.S. SONAK, J) by KANCHAN PRASHANT DHURI Date:

2022.09.15 18:21:40 +0530 KANCHAN PRASHANT DHURI