Sayad Ali Laskar Vs Union of India (Gauhati High Court)
The Gauhati High Court, in Sayad Ali Laskar v. Union of India, addressed an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petitioner, Sayad Ali Laskar, approached the Court seeking protection from arrest in connection with DRI Case No. 26/CL/IMP/CIG/DRI/GZU/2024-2025. The case was registered under Sections 110, 104, and 135 of the Customs Act, 1962, following the seizure of a truck allegedly carrying a large quantity of foreign-made cigarettes.
According to the Directorate of Revenue Intelligence (DRI), actionable intelligence was received regarding the transport of smuggled foreign cigarettes in a truck bearing Registration No. AS-26-C-9100. A search team intercepted the vehicle and recovered several cartons of cigarettes of foreign origin, suspected to have been smuggled. Based on this recovery, a complaint was filed before the Chief Judicial Magistrate, Kamrup (M). The petitioner, who is the owner of the vehicle, became aware of the case only after being informed of the seizure.
The petitioner’s counsel argued that the alleged offences are punishable with imprisonment not exceeding seven years, thus attracting Section 35(3) of the BNSS, which entitles an accused to notice before arrest. It was submitted that the petitioner had already obtained zimma (interim custody) of the seized vehicle from the trial court. However, he feared arrest if he appeared before the DRI in response to summons. Counsel contended that the petitioner was ready to cooperate with the investigation and that custodial interrogation was unnecessary.
