Case Law Details
Vipul Harish Thakkar & Ors. Vs State of West Bengal & Anr. (Calcutta High Court)
The Calcutta High Court allowed a revision petition challenging an order of the Chief Judicial Magistrate, Calcutta, who had taken cognizance of offences under Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A) of the Customs Act, 1962 and issued non-bailable warrants (NBWs) against the petitioners on the very first date of hearing. The High Court held that the Magistrate ought not to have issued NBWs at the initial stage and had erred in taking cognizance without first granting the petitioners an opportunity of hearing as required under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court found support for this view in the decision in Parvinder Singh v. Directorate of Enforcement (2026 SCC OnLine SC 903). Accordingly, the impugned order dated 5 November 2024 was set aside. The Magistrate was directed not to take cognizance of the alleged offences without first affording the petitioners an opportunity of hearing.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The petitioners challenge the order dated November 5, 2024, passed by the Learned Chief Judicial Magistrate, Calcutta, in Misc. Case No. 94 of 2023 arising out of CS/204070/2024.
It appears that the complaint was instituted under Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A) of The Customs Act, 1962. By the impugned order, the Learned Magistrate, on the very first date of hearing, took cognizance of the alleged offences and issued non-bailable warrants against the petitioners.
In my considered view, the Learned Magistrate ought not to have issued non-bailable warrants against the petitioners on the very first date of hearing. Moreover, the Learned Magistrate erred in taking cognizance of the matter without affording the petitioners an opportunity of being heard, in view of Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Support for this view is also found in the judgment rendered in 2026 SCC OnLine SC 903 (Parvinder Singh v. Directorate of Enforcement).
Accordingly, the order dated November 5, 2024, is set aside.
The Learned Magistrate shall not take cognizance of the alleged offences without first granting the petitioners an opportunity of hearing.
Consequently, CRR 1607 of 2025 is allowed and CRAN 5 of 2026 stands disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
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