Page 167 - ELT_1st September 2020_Vol 373_Part 5

2020 ] MENKA GAMBHIR v. UNION OF INDIA 605

(A) for an order to cancel or rescind the summons dated 26th March,
2019 issued by the Joint Commissioner AIU NSCBI Airport Kolkata.
(B) for an order prohibiting the customs authority for initiating enquiry
under Section 108 of the Customs Act, 1962 against the petitioners
in connection to offence covered under complaint dated 22nd
March, 2019 filed by the Assistant Commissioner of Customs, AIU,
NSCBI, Airport, Kolkata which was entered into the general Diary
and numbered as NSCBI, Airport P.S. GDE No. 800 dated 22nd
March, 2019.
2. The facts are substantially undisputed and may be stated as follows :
The Assistant Commissioner of Customs, AIU, NSCBI, Airport, Kolkata
filed a complaint on 22nd March, 2019 at Airport Police Station and the com-
plaint was entered into a general Diary and numbered as NSCBI, Airport P.S.
GDE No. 800 dated 22nd March, 2019.
Extract copy of NSCBI, Airport Police Station GD Entry 800 dated 22nd
March, 2019 at 23:15 hours is reproduced below :
“1. At the marginally noted time one Mr. S. K. Biswas, Assistant Commis-
sioner of Customs, Air Intelligence Unit, NSCBI Airport, Kolkata - 700 052
called at the P.S. and submitted a written information alleging allegations
under Section 186/503 of Indian Penal Code read with Section 133 of the
Customs Act, 1962 which is reproduced as below.
“……In the intervening night of 15/16th March 2019 at about 1:10
AM, two lady passengers, while passing through the green channel,
having arrived at NSCBI Airport, Kolkata from Bangkok by Thai
Airways Flight No. TG 313 dated 16-3-2019, were requested by Cus-
toms official to show their respective passports. Those two lady
passengers named Ms. Rujira Naroola and Ms. Menka Gambhir
were randomly selected, considering their movement, profile, the
number and size of the baggage they were carrying. These two lady
passengers declined to show their passport in spite of several re-
quests which arose suspicion and accordingly, they were requested
to put their baggage for scanning in the X-ray machine installed
near the green channel, which they again declined. Ms. Menka
Gambhir was carrying 3 (three) pieces of checked in baggage and
Ms. Rujira Naroola was carrying 2 (two) pieces of checked-in bag-
gage and also one hand baggage each. After a lot of reluctance on
the part of the two ladies, finally their baggages were X-rayed.
2. On scanning, the scanning officer noticed that out of seven baggages,
three baggages contained jewellery and thus the scanning officer requested
these passengers to open those three suspected baggages for examination
by a lady Customs officer. When the lady Customs officer requested them
to open those three bags, the passengers started abusing the officers and
threatened them with dire consequences. The officers remained calm and
requested and persuaded the passengers to open the said bags for examina-
tion of the jewellery and after long persuasion, only one bag was opened by
the said passengers and it was found to contain two gold bangles. But they
refused to show their passports and boarding passes to the concerned Cus-
toms officer even after repeated requests. Considering the huge flow of
passenger through the green channel at that particular time, Shri S.K.
Biswas, Assistant Commissioner directed the staff to take both the ladies to
Counter No. 4 at the Red Channel for further checking of their baggage.
Both the lady passengers initially declined to go to Counter No. 4, but ulti-
mately they went Shri Koshalesh Singh, Supdt. of Customs, (AIU)
EXCISE LAW TIMES  1st September 2020  167