Directorate of Revenue Intelligence Vs Ajay Babu Manda (Meghalaya High Court)
Summary: The Meghalaya High Court considered whether a Judicial Magistrate could exercise jurisdiction under Sections 451/457 of the Code of Criminal Procedure, 1973 for release of vehicles seized by Customs authorities while the Customs proceedings were still at the investigation stage. The Court held that the Magistrate had acted without jurisdiction because the Customs Act, 1962, being a special enactment, specifically provides for provisional release of goods, documents and things seized under Section 110 through Section 110-A.
The matter arose after officers of the Directorate of Revenue Intelligence, Shillong Regional Unit intercepted three trucks bearing registration numbers AP16TH-7137, AP16TH-7277 and AP16TE-5670 on 09.04.2021 near Thangshalai village, NH-6, East Khasi Hills District of Meghalaya. Search of the trucks resulted in seizure of 1,500 bags of foreign-origin black pepper weighing approximately 75,000 kgs. Three drivers and two helpers were arrested and the trucks were also seized under the Customs Act.
The owners of two trucks, AP16TH-7137 and AP16TH-7277, subsequently approached the Judicial Magistrate First Class, Shillong under Sections 451/457 Cr.P.C. for interim release. By common order dated 20.07.2021, the Magistrate allowed the applications and directed release of the vehicles on a bond of ₹1,00,000/- each. The Department challenged that order before the Sessions Judge, Shillong, but the criminal revisions were dismissed on 25.10.2021. The Directorate thereafter approached the High Court under Section 482 Cr.P.C.
