Delhi High Court
Ram Niwas Verma vs Union Of India & Ors. on 28 May, 2015
Author: Rajiv Shakdher
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5611/2015
RAM NIWAS VERMA ..... Petitioner
Through: Mr. Naveen Malhotra and Mr. Nitendra
Kumar, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Amit Mahajan, CGSC with Ms.
Namisha Gupta and Mr. Nitya Sahrma, Advocates
for R-1 to 3
Mr. Satish Kumar, Standing Counsel for R-4
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 28.05.2015
CM No.10107/2015 ( Exemption)
1. Allowed subject to just exceptions.
W.P.(C) 5611/2015
2. The limited grievance of the petitioner is that a LOC appears to be in
existence qua him. To be noted, the petitioner was arrested on 17.06.2013 in
connection with recovery of gold bars valued at Rs.1,67,03,286/-. It appears
that the petitioner moved the Settlement Commission, which passed an order
dated 16.05.2014, whereby the dispute between him and customs was settled
on terms, indicated therein.
3. Apparently, the Customs Department had, in the meanwhile, opened a
LOC qua the petitioner which, according to the petitioner ought to have been
W.P.(C) 5611/2015 page 1 of 3
closed after the decision of the Settlement Commission.
3.1 In his connection, it appears that the petitioner made a representation
on 23.08.2014 to the Secretary, GOI, Ministry of Home Affairs and the
Incharge of Foreigners Registration Branch. A copy of the said
communication was evidently sent to the Commissioner of Customs, as well
as, to the Additional Commissioner of Customs.
4. Qua this representation, there has been no order passed by the
concerned authorities. However, on 20.10.2014, pursuant to a complaint
made by the petitioner to the Ministry of Home Affairs, Govt. of India, a
response was received on 20.10.2014. In the said communication, the
petitioner was informed as follows :-
"..The undersigned is directed to refer your complaint and
enclosed papers regarding the subject cited above and to say
that as per MHA's guidelines, LOC can only be opened on the
basis of request received from the designated originator in
prescribed proforma and in consonance with MHA guidelines.
No such designated originator is found in your letter and as
such, no action could be taken at this end.
2. You are, therefore, requested to approach the concerned
Police/ Judicial Authority for issuing direction in this regard..."
5. It is obvious that the originator, which is the Customs Department i.e.,
respondent no.4 herein, which has to make a request, if at all for closure of
the LOC.
5.1 Mr. Satish Kumar, who appears for respondent no.4 says that the
captioned petition can be treated as a representation and appropriate orders
will be passed with regard to the request of the petitioner for closure of
W.P.(C) 5611/2015 page 2 of 3
LOC. It is directed accordingly. The needful will be done within four
weeks from today. Respondent no.4 will pass a reasoned order which shall
be communicated to the petitioner. In case respondent no.4 were to take a
decision to close the LOC, the said request will be forwarded to the Ministry
of Home Affairs, Government of India for necessary orders.
6. The writ petition is disposed of accordingly.
7. Dasti.
RAJIV SHAKDHER, J
MAY 28, 2015
Yg
W.P.(C) 5611/2015 page 3 of 3
