Foreign Cigarette Seizure by DRI: Gauhati High Court Grants Anticipatory Bail to Vehicle Owner
The Court opined that custodial interrogation would not be necessary if the petitioner cooperated in the investigation
Gauhati High Court, DRI, Foreign Cigarette Seizure
Gauhati High Court, DRI, Foreign Cigarette Seizure
The Gauhati High Court has granted anticipatory bail to the owner of a truck seized by the Directorate of Revenue Intelligence (DRI) for allegedly transporting a large consignment of foreign-made cigarettes.
The DRI intercepted a vehicle bearing registration number AS-26-C-9100 and recovered a huge quantity of suspected foreign-branded cigarettes. A complaint under Sections 110, 104, and 135 of the Customs Act, 1962 was subsequently filed before the Chief Judicial Magistrate, Kamrup (M).
The petitioner, Sayad Ali Laskar approached the High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, apprehending arrest in the matter. His counsel argued that the offences in question do not attract a punishment exceeding seven years, entitling him to notice under Section 35(3) of the BNSS.
It was further submitted that although the trial court had already granted zimma (custody) of the seized vehicle to the petitioner, he feared arrest if he appeared before the DRI. Emphasizing his willingness to cooperate, the petitioner contended that custodial interrogation was unnecessary in this case.
Opposing the plea, counsel for the DRI submitted that despite multiple summons issued under Section 108 of the Customs Act, the petitioner had failed to appear before the investigating officer, except once when he sought custody of the seized truck. The DRI opposed the bail, asserting the need for interrogation.
Justice Mridul Kumar Kalita observed that the offences involved were not punishable with imprisonment of more than seven years. The Court opined that custodial interrogation would not be necessary if the petitioner cooperated in the investigation.
Accordingly, the anticipatory bail was allowed with conditions. The petitioner was directed to appear before the Investigating Officer within ten days and extend full cooperation. In the event of arrest, he would be released on bail upon furnishing a bond of ₹30,000 with one surety of like amount. Additional conditions included non-interference with witnesses and strict cooperation during the investigation.
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