Shahul Hameed Badhusha v. The Principal Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Shahul Hameed Badhusha S/o.Siddek Batcha, C/o.Yasir Ahamed, Presently residing at No.4, Meera Lebbai Street, Mannady, Chennai-600 Petitioner(s) Vs

1. The Principal commissioner of Air Cargo Complex, Anna International Airport, Meenambakkam, Chennai-600 2.The Principal Commissioner of 3.The Principal Commissioner of CSM International Airport, Mumbai 400 099

4. The Principal Commissioner of Customs, Petrapole Custom Preventive Unit, North 24 Parganas House, Bangoan, Kolkata - 743 405.

5.Chief Immigration Officer Anna International Airport, Meenambakkam , Chennai 6.Chief Immigration Officer Respondent(s) PRAYER Petition filed under section 528 of BNSS seeking direction to the respondents authorities not to harass the petitioner in the guise of investigation in reference No. in Order in Original F.No.:1253 dated 16.11.2023 For Petitioner(s):

G.Dakshinamurthy For Respondents:

Mr.Rajendra Raghavan Spl. Public Prosecutor [customs]

ORDER

This petition has been filed seeking direction to the respondent authorities not to harass the petitioner under the guise of investigation in reference No. in Order in Original F.No.:1253 dated 16.11.2023.

2. It is the contention of the petitioner that whenever he visits foreign countries, he has been unnecessarily detained in the Airport. Hence, he seeks for a direction to the respondents to not to harass the petitioner.

3. This Court is of the view that such a blanket direction cannot be issued. The term harassment is so subjective and the same cannot be encapsulated in an objective criterion. It is for the authorities to follow the rules whenever any interrogation is required and the petitioner is bound to co-operate with the authorities on such interrogation.

4. With the above directions, this Criminal Original Petition is disposed of.

13-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Principal commissioner of Air Cargo Complex, Anna International

Airport, Meenambakkam, Chennai-600 2.The Principal Commissioner of 3.The Principal Commissioner of CSM Internation Airport, Mumbai 400

4. The Principal Commissioner of Customs, Petrapole Custom Preventive Unit, North 24 Parganas House, Bangoan, Kolkata - 743 405.

5.Chief Immigration Officer Anna International Airport, Meenambakkam , Chennai 6.Chief Immigration Officer

N.SATHISH KUMAR J.

vrc 13-08-2025