The High Court · 2025

Judgment

1. 2 J 4 ...PETITIONER The Union of lndia. Reo bv the secretary Finance Ministry of Finance North Block New Delhi 1i0 Obi.' The State of Telanoana Rep. by the principal Secretary to the Government Revenue cT Depaftment Secreiariai euiijilg nffiij6ad Tetangana ?l.L"iqgt Commissioner of C.ustoms and Central Tax Appeat, GST Bhavan ,Vllth Froor Lar Bahadur stadium noaa easheei rirgh ilia"irb"d 50ii0&.' p1g.c_t919te of Revenue inteiligence Hyderabad Zonat Unit, H.No. .10_02_ 289r5il1 and s7t2 survavansii nesia6nllr-zno o"!" n"io sr,Jniii,irirr, -- --"-'' Masab Tank Hyderabad-500028.

...RESPONDENTS Petition under Articre 226 of the constitution of India praying that in the circumstances stated in the affidavit fired therewith, tre nijrr'cJr.t ,"y o" pleased to issue a direction. order or writ more particurarry one ii tne nature oi writ of Mandamus. decraring- the .action of the iespondenis more p".ti"rirrry +tn respondent on 21ro7r2o2i taking custody of my husbana in nr;"", c'"nor,i lnternational Airport when he trave-iled from'Kolkata to Hyderabad as per boarding pass information in connection with the above aileged crime and ouLineo statements forcibry from my husband on the name of ioruntary staiemenJ ano now 4th respondent based on forcibry obtained statements trying to impricate my husband one of the accused in the above saio ailegeo crime a-s aroitia ry-rriegar and as welt as rights guaranteed under Articre 2i ana 300-4 ot tne consiitltion or lndia and consequenfly direct the respondents 4th iespondent forthwith to rerease my husband IANO:1 oF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, if'"-Uigf' Court may be pleased to issue interim direciion to'tne 4th respondent to produce any material ;;;";;-;" against .y f,u.OanO include my husband sim card and mobile device "rii"*,e andcallrecordlistwithanotheraccusedpersonsinthepresentcasetothis as per law pending disposal of the writ Petition ff-"^"*"Uf" ""urt lA NOi 20F 2025 pr.. PetitionunderSectionls,lCPcprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, if'e High Court may be pleased.to issue lrt"rim direction io i''"'+tf, respondeni to release forthwith my husband i.il"r.ioOv up to produce any material evidence against my husband include my ", husband sim card ,no ,ooii" device and call record list with another accused p"r"*. i^ the present case to this Honourable court as per law pending disposal of the writ Petition "" IA NO: 3oF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, ine-Higft Court may be pleased to. issue direction to'the 4th respondeni to issue notice under Section 35 Er.rss if incase produced any material evidence against my husband include my "ipr". ".'l"t"rim "i husbandSimcardandmobiledeviceandcallrecordlistwithanotheraccused p"r*.ii" the present case to this Honourable court as per law pending disposal of the writ Petition Gounsel for the Petitioner: SRI' KURUVA NAGANNA Counsel for the Respondent No'1 : SRI B' MUKHERJEE REPRESENTING FOR iir ceoiFnavEEN KUMAR Deputy Solicitor General of lndia Counsel for the Respondent No'2: GP FOR REVENUE Counsel for the Respondent No'3: SRI DOMINIC FERNANDES SR' SC FOR cBlc Counsel for the Respondent NO'4: SRI V'T KALYAN SC FOR DIRECTOR OF REVENUE The Court made the following: ORDER THE HONOURABLE SRTJUSTTCE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO W.P.No.22 52 9 0F 2025 ORDER: (per Hon'ble Sri,Iustice p.Sam Koshy) Heard Mr. Kuruva Naganna, leamed counsel for the petitioner, Mr. B. Mukherjee, learned counsel representing the Union of India for respondent No. l, Mr. Dominic Femandes, learned Senior Standing Counsel for Central Board of Indirect laxes and Customs (CBIC) for respondent No.3 and Mr. V.T. Katyan, learned Standing Counsel for Director of Ilevenue Intelligence for respondent No.4. perused the record.

2. -l'he instant writ petition has been filed seeking for the fbllowing r.eliefs: "lt is therefore prayed that this Hon,ble High Court may be pleased to issue a direction, order or writ more particularly one in the nature of writ of lVlandamus. declaring the action of the respondents more particularly 4th respondent on 21_07_2025 taking custody of my husband in Rajeev Gandhi lnternational Airport when he travelled from Kolkata to Hyderabad as per boarding pass inforrnation in connection with the above alleged crime and obtained statements forcibly from my husband on the name of voluntary 2 statements and now 4th respondent based on forcibly obtained statements trying to implicate my husband one of the accused in the above said alleged crime as arbitrary, illegal and as well as rights guaranteed under Article 21 and 300-4 of the Constitution of India and consequently direct the respondents 4th respondent forthwith to release my husband and pass such other orders as may be deem fit and proper in the circumstances of the case It is also further prayed that this Hon'ble High Court may be pleased to issue an interim direction to the 4th respondent to produce any material evidence against my husband include my husband srm card and mobile device and call record Iist with another accused persons in the present case to this Honble Court as per law pending drsposal of the writ petition and pass such other order or orders as this Hon'ble High Court may deem fit and proper in the circumstances of the case. It is also further prayed that this Hon'ble High Court may be pleased to issue an interim direction to the 4th respondent to release forthwith my husband from custody up to produce any material evidence against my husband include my husband sim card and mobile device and call record list with another accused persons in the present case to this Honble Court as per law pending disposal of the writ petition and pass such other order or orders as this tlon'ble High Court may deem fit and proper in the circumstances of the CASC r 3 It is also further prayed that this Hon'ble High Court may be pleased to issue an interim direction to the 4th respondent to issue notice under Section 35 of BNSS if in case produced any material evidence against my husband include my husband sim card and mobile device and call record list with another accused persons in the present case to this Honble Court as per law pending disposal of the writ petition and pass such other order or orders as this Hon,ble High Court may deem fit and proper in the circumstances of the case."

3. It has been leamt that the husband of the petitioner was taken into custody and.he has been made as an accused in the light of the confessional statement given by the main accused Ms. Harshavardini Ranya, who was arrested on 03.03.2025 when she was found to have smuggled gold bars to India at the Kempagowda Intemational Airport Limited. Bengaluru. It is stated that the husband ofthe petitioner was apprehended at Rajiv Gandhi Intemational Airport, Hyderabad on 21.07.2025. It is in this factual backdrop 'that the petitioner has fired the instant writ petition.

4. Considering the entire facts and circumstances of the case, particularly the nature of dispute and the nature of application that \ I I \1 \ 4 has been said to be leveled against the petitioner and that he is also said to be one of the accused along with Ms. Harshavardini Ranya, we are ol the considered opinion that it would not be proper and justified on the part of the Writ Couft to enter inro the disputed facts of whether taking into custody of the petitioner's husband was proper, legal and justified. We are, therefore, not inclined to entertain the writ petition at this j uncture

5. We dispose of the writ petition reserving the right of the petitioner to take appropriate legal recourse available under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 or under any other law goveming the fleld. 'l'here shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/. A.JAYASREE ANT REGISTRAR ECTION OFFICER To

1. The Secretary Finance Ministry of Finance, Union of India, North Block New Delhi 110 001.

2. The Principal Secretary to the Government Revenue CT Department Secretariat Building Hyderabad Telangana

3. Principal Commissioner of Customs and Central Tax Appeal, GST-^BJt3^v9n, Vllth Floor Lal Bahadur Stadium Road Basheer Bagh Hyderabad 500004.

4. One CC to SRI KURUVA NAGANNA Advocate [OPUC] 5. One CC to SRl. GADI PRAVEEN KUMAR Deputy Solicitor General of lndia loPUCl One CC to SRI DOMINIC FERNANDES SR SC FOR CBIC [OPUC] One CC to SRI V.T KALYAN SC FOR DIRECIOR OF REVENUE [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies b 6 7 8 I s HIGH COURT DATED:3110712025 ORDER WP.No.22529 of 2025 CC TODAY \ l'itr i 14 * i,.r o 1AU6 2025 EJr * PAT DISPOSING THE WRIT PETITION WITHOUT COSTS o\