Kerala High Court
Nisanth Kannamundayil Soman vs Union Of India on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(CRL.) NO. 291 OF 2022
[OR No.DRI/CoZU/TVM/06 OF DRI, REGIONAL UNIT, TRIVANDUM]
PETITIONER/S:
NISANTH KANNAMUNDAYIL SOMAN
AGED 35 YEARS
S/O.SOMAN, KANNAMUNDAYIL HOUSE, PANTHATHALA,
MUTHOLY.P.O, KOTTAYAM, PIN - 686573
BY ADVS.
R.ANIL
MAHESH BHANU S.
RESSIL LONAN
RESPONDENT/S:
1 UNION OF INDIA
UNION OF INDIA REPRESENTED BY THE SECRETARY,
GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT
OF REVENUE, 6TH FLOOR, B-WING, JANPATH BHAVAN, NEW
DELHI, PIN - 110001
2 THE SENIOR INTELLIGENCE OFFICER,
DIRECTORATE OF REVENUE INTELLIGENCE TRIVANDRUM
REGIONAL UNIT, THIRUVANANTHAPURAM, REPRESENTED BY THE
SPECIAL PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM,
PIN - 695035
BY ADV S.MANU, ADDITIONAL SOLICITOR GENERAL
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.)No.291/2022
2
ZIYAD RAHMAN A.A., J.
--------------------------------
W.P.(Crl.) No.291 of 2022
-----------------------------------
Dated this the 07th day of April, 2022
JUDGMENT
This Writ Petition is filed by the petitioner challenging Exhibit P5
summons issued by the 2nd respondent herein under Section 108 of the
Customs Act, 1962. As per Exhibit P5, the petitioner was supposed to appear
on 30.03.2022. When the matter came up for consideration, the learned
counsel for the petitioner submits that the petitioner is willing to appear
before the 2nd respondent, provided some time is granted for him for such
appearance. The reason highlighted by the petitioner for seeking time is that,
he is getting married on 25.04.2022 and he expressed his willingness to
appear before the 2nd respondent on 03.05.2022. The learned Assistant
Solicitor General submits that a fresh summons shall be issued to the
petitioner showing the date of appearance as above.
In such circumstances, the Writ Petition is disposed of without
considering the contentions on merits and leaving them open so as to enable
the petitioner to raise the said contentions, at the appropriate stage. Upon
receipt of summons, the petitioner shall appear before the authorities
concerned. The coercive steps, if any, shall be kept in abeyance, till
03.05.2022 Sd/-
pkk ZIYAD RAHMAN A.A., JUDGE
W.P.(Crl.)No.291/2022
APPENDIX OF WP(CRL.) 291/2022
PETITIONER'S EXHIBITS:
Exhibit-P1 THE TRUE COPY OF THE REPORT DATED 15-12-2020
FILED BY THE RESPONDENT 2ND RESPONDENT
Exhibit-P2 THE TRUE COPY OF THE ORDER DATED 30-12-2020
OF THE HON'BLE ADDL. C.J.M (ECONOMIC
OFFENCES) COURT ERNAKULAM
Exhibit-P3 THE TRUE COPY OF THE ORDER DATED 5-7-2021 IN
CRL.M.C.NO.2919 OF 2021 OF THIS HON'BLE
COURT
Exhibit-P4 THE TRUE COPY OF THE ORDER DATED 10-1-2022
IN CRL.M.C.NO.2919 OF 2021 OF THIS HON'BLE
COURT
Exhibit-P5 THE TRUE COPY OF THE SUMMONS
NO.DRI/CoZU/TVM/6/2019/418 DATED 24/3/2022
//TRUE COPY//
Sd/- PS to Judge
