Sajid Ali v. The Superintendent Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.12.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- Sajid Ali .. Petitioner in Crl.O.P.No.27053 of 2024

1. Mohammed Umar Shamsi

2. Mohd. Farhan .. Petitioners in Crl.O.P.No.27057 of 2024 Vs.

The Superintendent of Customs, Docks Intelligence Unit, Customs House, Chennai.

.. Respondent in both the Crl.O.Ps.

Criminal Original Petition No.27053 of 2024 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent to consider the petitioner's representation dated 24.09.2024 and not to harass the petitioner. Criminal Original Petition No.27057 of 2024 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent to consider the petitioner's representation, dated 21.10.2024 and not to harass the petitioners. For petitioners : No appearance For respondent: Mr.N.P.Kumar, Special Public Prosecutor for Customs 1 / 4

COMMON ORDER Criminal Original Petition No.27053 of 2024 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent to consider the petitioner's representation dated 24.09.2024 and not to harass the petitioner.

2. Criminal Original Petition No.27057 of 2024 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent to consider the petitioner's representation, dated 21.10.2024 and not to harass the petitioners.

3. There is no representation for the petitioners.

4. Learned Special Public Prosecutor appearing for the respondent submitted that, since it is a case of Customs, summons were served on the petitioners for enquiry and without adhering for appearance before the authorities of customs Department, the petitioners have rushed to this Court by filing these petitions seeking not to harass them. It is the duty of the petitioners to extend their fullest co-operation to the respondent for enquiry/investigation/interrogation and the petitioners have not come to Court with clean hands and hence, these petitions are dismissed. However, the petitioners are directed to appear before the respondent on summons being issued to them and extend their fullest cooperation for investigation being conducted by the respondent. 12.12.2024 cs 2 / 4

To

1. The Superintendent of Customs, Docks Intelligence Unit, Customs House, Chennai.

2. The Special Public Prosecutor for Customs, High Court, Madras.

3 / 4

P.VELMURUGAN, J cs 12.12.2024 4 / 4