Article is based on Kerala HC Judgment in the case of Kishin S. Loungani Vs. Union of India in which it was held that Registration of FIR is not necessary before arresting a person under Section 104 of the Customs Act. Sections 154 to 157 and Section 173(2) of the Code of Criminal Procedure do not apply to a case under the Customs Act, 1962.
The main question to be decided in this Writ Petition is whether the provisions of Sections 154 to 157 and 173(2) of the Code of Criminal Procedure would apply in respect of the proceedings under the Customs Act, in view of Section 4(2) of the Cr.P.C. and whether in respect of offences under Sections 133 to 135 of the Customs Act registration of FIR is compulsory before the person concerned is arrested and produced before the Magistrate.
2. The Writ Petition is filed by the petitioner for the issue of a writ of habeas corpus directing release of the petitioner from custody pursuant to an arrest and detention for violation of the provisions of the Customs Act. In the Writ Petition eight reliefs have been prayed for, the 8th relief being a residuary one praying to pass any further orders which the Court may deem fit and proper to issue in the interests of justice. The learned senior counsel for the petitioner submitted that the petitioner is not pressing relief (VII) at this stage and that the questions involved with respect to reliefs (V) and (VI) may be kept open with liberty to the petitioner to invoke those reliefs at the appropriate stage. That means, for the purpose of disposal of this Writ Petition, we need to confine to reliefs (I) to (IV). For the sake of convenience, reliefs (I) to (IV) are extracted hereunder:
