Sangeeta Jain v. The Union of lndia

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a direction order or writ more particulady one in the nature of writ of Mandamus. 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 traveled from Kolkata to Hyderabad as per boarding pass information in connection with the above said alleged crime and obtained statements forcibly from my husband on the name of voluntary 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- A of the constitution of lndia and consequently direct the respondents No. 1 to 3 to take disciplinary proceedings forthwith on the 4th respondent illegal activities against my husband illegal detention in connection with the above said crime without any material evidence against my husband lA NO: 't OF 2025 Petition under Section '151 CPC praying that in the circ:umstances stated in the affidavit filed in support of the petition, the High Court ma), be pleased to issue an interim direction to respondent no '1 to 3 follow the due process of law while taking disciplinary proceedings on the 4th respondent illegal activities against my husband illegal detention in connection with the above sai'J crime without any material evidence irgainst my husband Counsel for the Petitioner: SRl. KURUVA NAGANNA Counsel for the Respondent No.1: SC FOR CENTRAL GOVERNMENT Counsel forthe Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: SRI DOMINIC FERNANDE:S SR SC FOR cBtc Counsel for the Respondent NO.4: SRI V.T KALYAN SR SC iOR DIRECTOR OF REVENUE The Court made lhe following: ORDER I t TIIE IIONOURABLE SRI JUSTICE P.SAM KOSHY AND THE I{ONOURABI,E SRI JUSTICE SUDDALA CIIALAPA'I'HT RAO WRIT PETITION No.22755 of 2025 Q,&DEB, @er l{on'blc Sri Justice P.Sam Koshy) Heard Mr. Kuruva Naganna, leamed counsel for the petitioner, Mr. Dominic Fernandes, learned Senior Standing Counsel for Central Board of Indirect Taxes and Custorns (CBIC), fbr respondent No.3 and Mr. V.T.Kalyan, leamed Senior Standing Counsel for Director of Revenue Intelligence, fbr respondent No.4. Perused the record. L. The instant writ petition has been filed seeking fbr the tbllorving rclicti: "lt is therefore prayed that this Hon'ble High Court may be pleased to assue a dlrection, order or writ more particularly one in the nature of writ of Mandamus. declaring the ac{ion of the respondents more particularly 4th regondent 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 information in connection wath the above said alleged crime and obtained statements forcibly from my husband on the name of voluntary statements and now 4th respondent based on forcibly obtained statements trying to implicate my husband one of the accused in the above said alleged cflme as 2 arbitrary, illegal and as well as rights guaranteed under Article 21 and 30Q-A of the Constitutior of lndia and consequently direct the respondents No. I to 3 to take disciplinary proceedings forthwith on the 4th respondent illegal activates against my husband illegal detention in connection with the above said crime without any material evidence against my husband and pass such other orders as may ce deem fit and proper in the circumstances of the caser It is also further prayed that this Hon'ble High Court may be pleased to issue an interim dirr:r:tion to respondents No. 1 to 3 follow the due proce:;s of law while taking disciplinary proceedings on the 4h respondent illegal activates against my husband illegal detention in connection with the ab,:ve said crime wathout any material evidenc€ agarnst my husband 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 tras been leamt that the husband of the petitioner was taken into custody and he has been made as an accused in the light of lhe confessional statement given by the main accused Ms. Harshavardini Ranya, who was arested on 0l; 03.2025 when she was tbund to have smuggled gold bars to India at the Kempagowda lnternational Airport Limited, Bengaluru. It is stated that the hr,rsband of the petitioner was apprehended ;lt Rajiv Gandhi // r 3 ,+ Intemational Airporl, I{yderabad on 21.07.2025. It is in this factual backdrop that the petitioner has filed the instant writ petltlon.

4. Considering the entire facts and circumstances of the case, particularly the nature of dispute and the nature of allegations that 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 justilied on the part of the Writ Court to enter into the disputed lacts ol whether taking into custody of the petitioner's husband was proper, legal and justified. We are, therefore, not inclined to entertain the "r,rit petition at this juncture. I I

5. We dispose of the writ petition reserving the right of the petitioner to take appropriate legal recourse available under the provisions oi the Bharatiya Nagarik Suraksha Sanhita (BNSS), 202-] or under any other [arv governing the field. There shalI be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. SD/.A SRI ASSI IVASA REDDY T REGISTRAR //TRUE COPY// S ON OFFICER The Secretary Union of lndia, Finance Ministry of Finanr;e, North Block New Delhi 1 10 001 The Principal Secretary to the Govemment Revenue C1- Department, Secretariat Building Hyderabad Telangana Principal Commissioner of Customs and Central Tax Appeal GST Bhavan, Vllth Floor Lal Bahadur Stadium Road Basheer Bagh Hyderabad 500004 One CC to SRl. KURUVA NAGANNA Advocate [OPUC] One CC to SC FOR CENTRAL GOVERNMENT [OPUC;, One CC to SRI DOMINIC FERNANDES SR SC FOR CBIC [OPUCI One CC to SRI V.T KALYAN SR SC FOR DIRECTOR CF REVENUE IOPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OU! Two CD Copies To, 1,

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9. KKS LS t' HIGH COUIIT DATED:0410812025 I ORDER WP.No.22755 of 2025 1 ilr- s r.i I {-J ('; t--: 2 7 BtT 2U5 I i DISPOSING THE WRIT PETITION WITHOUT COSTS 1z lcy' a,/{ f