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Recourse under Bharatiya Nagarik Suraksha Sanhita directed for custody in gold smuggling matter

Case Law Details

TaxGuru Citation
2025 taxguru.in 6847
Case Name
Sangeeta Jain Vs Union of India (Telangana High Court)
Date of Judgement/Order
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Sangeeta Jain Vs Union of India (Telangana High Court)

Telangana High Court directs petitioner to take appropriate legal recourse under Bharatiya Nagarik Suraksha Sanhita 2023 since matter involves gold smuggling and custody of petitioner’s husband thereon. Accordingly, writ not entertained.

Facts- The present writ has been preferred by the petitioner. It is to be noted 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 International Airport Limited, Bengaluru. It is stated that the husband of the petitioner was apprehended at Rajiv Gandhi International Airport, Hyderabad on 21.07.2025. It is in this factual backdrop that the petitioner has filed the instant writ petition.

Conclusion- Held 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. 1-larshavardini Ranya, we are of the considered opinion that it would not be proper and justified on the part of the Writ Court to enter into 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 juncture.

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