TMI Blog2016 (2) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... o this Court for its perusal and giving appropriate further directions in this regard. The appeals filed by the appellant-detenue are allowed by quashing the conditions imposed in the impugned order passed by the High Court. The appeal filed by the Union of India & Anr. is dismissed. - Criminal Appeal No(s). 679-680/2010 With Crl. A. No. 533/2010 - - - Dated:- 14-1-2016 - MR. V. GOPALA GOWDA AND MR. R.K. AGRAWAL, JJ For the Petitioner : Mr. Saurabh Kirpal, Adv., Mr. Wattan Sharma, Adv., Mr. Gautam Awasthi,Adv., Mr. Yashank Adhyaru, Sr. Adv., Mr. Rajiv Nanda, Adv., Mr. P.K. Dey, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. Yashank Adhyaru, Sr. Adv., Mr. Rajiv Nanda, Adv., Mr. P.K. Dey, Adv., Mr. B. Krishna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound due under protest. That portion of the order is under challenge in the appeals filed by the appellant-detenue and another. 3. In the connected criminal appeal filed by the Union of India and Anr., their challenge to the impugned judgment passed by the High Court is with regard to the maintainability of the Habeas Corpus Petition filed by the detenu before the said Court contending that the detenu was lawfully arrested in exercise of the statutory power conferred under Section 104 of the Customs Act, 1962 with the Officer of Customs empowered in this behalf by general or special order of the Principal Commissioner of Customs or Commissioner of Customs, for the alleged offence punishable under Section 111 read with Section 135 and Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt on 7.11.2006 in the criminal appeals filed by the appellant-detenu stayed the directions of deposit of ₹ 4.5 Crores with the Competent Authority. 5. Mr. Yashank Adhyaru, learned senior counsel appearing for the Union of India made a submission that since the detenu has been enlarged on bail and the direction to deposit the amount payable on the imported goods are stayed, after lapse of nine years' period, the proceedings have become academic, therefore, the proceeding does not survive for consideration of this Court. His submission is placed on record. He made further submission that the proceedings under the provisions of the Customs Act for non-payment of the duty on illegally imported goods without obtaining licence cul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Act. 7. Learned senior counsel for the Union of India also submits that there is no need for this Court to give such a direction to the C.B.I. We are unable to accede to his submission, particularly having regard to the case of the economic offence alleged to have committed by the detenu as per the Appellants in the connected appeal and respondent in the criminal appeal of the detenu. We find that not taking action against the detenu during the relevant period of time prima facie is a serious dereliction of duty on the part of the concerned officials who, were/ have been in office of the Customs Department, therefore, we direct the C.B.I. to conduct investigations in this matter and submit a report to the Competent Authority to take ..... X X X X Extracts X X X X X X X X Extracts X X X X
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