Page No.# 1/3 vs The Union Of India
2021 Latest Caselaw 1544 Gua

                                                                   Page No.# 1/3

GAHC010082872021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./1051/2021

            ARJUN AGRAWAL @ ARJUN AGARWAL AND 2 ORS.
            S/O. LT. PREM SANKAR AGRAWAL @ PREM SANKAR AGARWAL, R/O. 26/5,
            18TH AVENUE, ASHOK NAGAR, CHENNAI-600083.

            2: MD. FAROOQUE
             S/O. MD. ROMIZUDDIN
             R/O. MINUTHONG HAFIZ HATTA
             PORAMPAT
             DIST. IMPHAL EAST
             MANIPUR-795005.

            3: AYAZ KHAN
             S/O. NAZIRUDDIN
             MOIJING WANGMATABA KHONG MATUNG
             P.O. AND P.S. THOUBAL
             MANIPUR-795138

            VERSUS

            THE UNION OF INDIA
            REP. BY CUSTOMS DEPTT.



Advocate for the Petitioner   : MR. D SAIKIA

Advocate for the Respondent : SC, CUSTOMS
                                                                       Page No.# 2/3



                               BEFORE
                HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

Date : 06.05.2021

Because of Covid Pandemic situation, the Court proceedings are conducted through Video Conferencing.

2. Heard Mr. D. Saikia, learned senior counsel assisted by Mr. K. K. Dutta, learned counsel for the petitioners. Also heard Ms. P. Das, learned counsel for the respondent, Customs Department.

3. This application under Section 439 Cr.P.C., has been filed by the petitioners who have been in judicial custody since 15.03.2021 in connection with Customs Case No. 05/CL/IMP/CUS/CPF/NML/2020-2021 under Section 125(a) &

(b) of Customs Act, 1962.

4. The learned senior counsel for the petitioners submits that there is no material available with the customs to detain the petitioners as because they are found in possession of Exotic animals and birds dealing/transportation of which is not contrary to any legislation presently available in the country. Mr. Saikia, learned senior counsel also submits that the said exotic birds and animals are also not covered under the Wildlife Protection Act. Accordingly, the detention of the petitioners in custody is completely unauthorized and without Page No.# 3/3

any source of power. He submits that there are judgments of other High Courts on similar issues in which the benefit of release from detention has been granted to the petitioners therein.

5. Ms. P. Das, learned counsel for the Customs submits that a short date be granted to obtain the required instructions from the Department.

6. As agreed to by the learned counsels for the parties, list this matter again on 10.05.2020 for further orders. It is made clear that if no instructions have forthcoming from the Department, this Court will consider passing orders on the basis of the material available.

JUDGE

Comparing Assistant