Case Note & Summary
The petitioner, Imran Latif Shirgawkar, was arrested by the Directorate of Revenue Intelligence under Section 104 of the Customs Act, 1962, on allegations of committing an offence punishable under Section 135(1)(i) of the said Act. He was in judicial custody pursuant to Remand Application No.161 of 2019 before the Additional Chief Metropolitan Magistrate, 8th Court, Mumbai. The offence under Section 135(1)(i) is compoundable under Section 137(3) of the Customs Act. While in custody, but before the filing of criminal prosecution, the petitioner preferred an application for compounding of the alleged offence before the compounding authority. He then filed the present writ petition under Article 226 of the Constitution of India seeking to safeguard his fundamental rights, including a direction to the compounding authority to consider his compounding application expeditiously. The court noted that there was no dispute that the offence was compoundable. The court held that the right to apply for compounding is a fundamental right and the compounding authority must consider the application expeditiously. The court directed the authority to decide the compounding application within four weeks from the date of the order, and until then, the petitioner's custody would continue as per law. The petition was disposed of accordingly.
Headnote
A) Customs Law - Compounding of Offence - Section 137(3) read with Section 135(1)(i) of Customs Act, 1962 - Right to Apply - The petitioner, arrested under Section 104 of the Customs Act for an offence under Section 135(1)(i), applied for compounding under Section 137(3) before criminal prosecution was filed. The court held that the right to apply for compounding is a fundamental right and the compounding authority must consider the application expeditiously, even if the applicant is in custody. The court directed the authority to decide the application within four weeks. (Paras 1-3)
Issue of Consideration
Whether a person in judicial custody can apply for compounding of an offence under the Customs Act, 1962 before the filing of criminal prosecution, and whether the compounding authority is obliged to consider such application expeditiously.
Final Decision
The court directed the compounding authority to decide the petitioner's compounding application under Section 137(3) of the Customs Act, 1962, within four weeks from the date of the order. The petition was disposed of accordingly.
Law Points
- Compounding of offence under Customs Act
- 1962
- can be applied for before filing of criminal prosecution
- Right to apply for compounding is a fundamental right
- Compounding authority must consider application expeditiously
