Kritika Malhotra v. The Senior Intelligence Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.Nos.7639, 7461, 7646 , 7643, 7649 & 8307 of 2025 Kritika Malhotra ... Petitioner in Crl.O.P.No.7639 of 2025 Sathish Kumar ... Petitioner in Crl.O.P.No.7461 of 2025 Dongre Pavan Kalyan ...Petitioner in Crl.O.P.No.7643 of 2025 Shaiv Kashyap ...Petitioner in Crl.O.P.No.7646 of 2025 Aminul Haque ... Petitioner in Crl.O.P.No.7649 of 2025 Nitish Kumar ... Petitioner in Crl.O.P.No.8307 of 2025 Vs.
The State represented by, The Senior Intelligence Officer, Directorate of Revenue Intelligence, Office of DRI, 27, G N Chetty Road, T.Nagar, Chennai - 600 017.
(R.R. No.5, 6 & 7 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the R.R.Nos.5,6 & 7 of 2025, pending investigation on the file of the respondent Police. 1/10
For Petitioners in Crl.O.P.No.7639, 7643 7646, 7649 of 2025 : Mr.N.Viswanathan For Petitioner in Crl.O.P.No.7461 of 2025 : Mr.B.Kumar Senior Counsel for Mr.B.Sathish Sundar For Petitioner in Crl.O.P.No.8307 of 2025 : Mr.K.P.Anantha Krishna For Respondent in all OPs : Mr.N.P.Kumar Learned Spl. Public Prosecutor C O M M O N O R D E R Crl.O.P.No.7639 of 2025 has been filed by the petitioner, who was arrested and remanded to judicial custody on 11.02.2025, seeking bail in R.R.No.06 of 2025 registered for the offence under Sections 135(1)(a) and 135(1)(b) of the Customs Act read with Section 111 of the Act. Crl.O.P.No.7461 of 2025 has been filed by the petitioner, who was arrested and remanded to judicial custody on 12.02.2025, seeking bail in R.R.No.07 of 2025 registered for the offence under Sections 135(1)(i)(A), 136 of the Customs Act, 1962.
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Crl.O.P.No.7643 of 2025 has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.02.2025, seeking bail in R.R.No.05 of 2025 registered for the offence under Sections 135(1)(a) and 136 of the Customs Act read with Section 111 of the Act. Crl.O.P.No.7646 of 2025 has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.02.2025, seeking bail in R.R.No.05 of 2025 registered for the offence under Sections 135(1)(a) and 136 of the Customs Act read with Section 111 of the Act. Crl.O.P.No.7649 of 2025 has been filed by the petitioner, who was arrested and remanded to judicial custody on 11.02.2025, seeking bail in R.R.No.06 of 2025 registered for the offence under Sections 135(1)(a) and 135(1)(b) of the Customs Act read with Section 111 of the Act. Crl.O.P.No.8307 of 2025 has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.02.2025, seeking bail in R.R.No.05 of 2025 registered for the offence under Sections112 read with Section 135 of the Customs Act.
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2. The case of the prosecution based of the Specific Intelligence is that the goods covered under Bill of Entry No.8117396 dated 31.01.2025 (INMAA1), imported by M/s.Radan Traders ( IEC No.DVQPP8706J) was declared as "Lentils Masoor Raw Pulses" as mis-declared; that the Officers of the Directorate of Revenue Intelligence, Chennai Zonal Unit detained the consignment arrived under Bill of Entry in five 20 Ft containers bearing Nos. CAIU3770650, CAIU6076010, REGU3247184, REGU1256269 and CAIU3754114 from Jebel Ali Port to Chennai in Vessel Celsius Eidenhoven vide Bill of Lading No.DUBCB25000293 dated 23.01.2025; that on examination of the said consignment at M/s.
Allcargo Logistics Ltd, it was found 1,09,600 kgs of green peas concealed in 18,150 kgs of lentils ( declared goods); that the green pas found concealed behind the declared cargo was not declared in the bill of entry; that it appears that the cargo of green peas has been smuggles into India with malafide intention to bypass the Minimum Import Price ( MIP) condition of Rs.200/kg. The aforesaid 109.60 Mts of dried green peas valued at Rs.2,19,20,000/- @ Rs.200/kg was seized. The cover cargo of 18.15 MTs of lentils valued at Rs.12,16,050/- ( 18,150 * Rs.
smuggle the latter and hence it was liable for confiscation under the provision of Customs Act, 1962. The customs Officers viz. Shri Dongre Pavan Kalyan, Shri Nithish Kumar, Appraiser Shri Shaiv Kashyap, Superintendents viz Ms. Krithika Malhotra & Shri Aminul Haque were also involved in the smuggling the consignment.
3.1 The petitioner in Crl.O.P.No.7461 of 2025 is working as a Additional Commissioner of Customs and it is alleged that he had facilitated the import of consignment in conspiracy with the other accused. 3.2. The petitioner in Crl.O.P.Nos.7639 of 2025 is closely connected with the importer and she was aware of the restricted goods being imported. 3.3. The petitioners in Crl.O.P.Nos.7643, 7646 & 8307 of 2025 are the Officers of the customs and also aided and assisted the petitioner in Crl.O.P.No.7461 of 2024 in the above smuggling. 3.4. The petitioner in Crl.O.P.No.7649 of 2025 had also actively assisted the importer in commission of the aforesaid offences. 5/10
4. Learned Counsels appearing for all the accused submitted that the petitioners are in custody from 13.02.2025 and they had co-operated during the Investigation and that in any case, further custody is not required for the purpose of investigation.
5. Learned Counsels further submitted that, as the Customs Officers, they can only be prosecuted under Section 136 of the Customs Act, which is bailable offence, and that they have been erroneously prosecuted under Section 135 of the Customs Act.
6. Learned Counsels further submitted that, as regards the other petitioners who are not the Customs Officers, the smuggled goods has been seized and hence, further custody is not required.
7. Per contra, Mr.N.P.Kumar, the learned Special Public Prosecutor submitted that petitioners have committed a grave offence and the investigation is still pending.
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8. Considering the aforesaid facts, the submissions made by the learned counsel for the Special Public Prosecutor, the period of incarceration, and since further custody is not required, this Court is inclined to grant bail to the petitioners.
9. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional Chief Metropolitan Magistrate ( EO-I), Egmore at Chennai and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
[g] The petitioners shall not leave India without getting permission from the trial Court.
25.03.2025 Sma 8/10
To
1. Additional Chief Metropolitan Magistrate ( EO-I), Egmore at Chennai 2.The Senior Intelligence Officer, Directorate of Revenue Intelligence, Office of DRI, 27, G N Chetty Road, T.Nagar, Chennai - 600 017.
3. The Superintendent, Central Prison, Puzhal, Chennai
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
Sma Crl.O.P.Nos.7639, 7461, 7646 , 7643, 7649 & 8307 of 2025 25.03.2025 10/10