Page 169 - ELT_1st September 2020_Vol 373_Part 5

2020 ] MENKA GAMBHIR v. UNION OF INDIA 607

directed by the Commissioner of Customs (Airport), Kolkata which was
communicated through Shri S.K. Biswas, Assistant Commissioner of Cus-
toms, in Charge of AIU and Admin :
(1) Rajesh Kumar Tiwary, Supdt. of Customs, AIU
(2) Akhilesh Kumar, Supdt. of Customs, AIU,
(3) Rohit Kumar, Supdt. of Customs, AIU,
(4) Gitesh Kumar, Supdt. of Customs, Batch-A (Uniformed
officer)
(5) Ranjan Bhattacharyya, Preventive Officer, Customs, Batch-A,
(Uniformed officer)
(6) Koshalesh Singh, Supdt. of Customs, AIU
The following Police Officers were present at the meeting :
• Shri Arup Roy Chowdhury (who was in White uniform)
• Shri Sudip Dey ( used to do protocol duties at Airport and was in civil
dress)
• Shri Surajit Dey (ACP, who was in Khaki uniform)
8. Shri Arup Roy Chowdhury, one of the police personnel present in the
meeting, informed that they were in receipt of one complaint against Cus-
toms Officials, from one lady who had arrived from Thailand in the early
morning of 16-3-2019, alleging misbehavior, harassment, undue detention
and extortion of money for clearance of her luggage. He specifically en-
quired about three officers of Customs namely, Shri S.K. Biswas, Shri Ko-
shalesh Singh and Smt. Pratibha Meena, who were on duty during the inci-
dent. They did not divulge the name of the complainant but made it clear
that the complaint is related to the incident, for which they had intervened
in the early morning of 16-3-2019.
9. The police personnel proposed preparation of a common SOP, which
may include easy passage of their VIPs without any interception by Cus-
toms in the Green Channel. They added that if there would be any such
complaint in future, that would be viewed seriously and severe action will
be taken against the concerned Customs Officials, which may include arrest
detention of the officer concerned. They wanted an SOP, where VIPs are
not checked. The Police Officers were informed in the said meeting that
Customs will follow all the Rules and Regulations they enforce and in case
they want any exemption they may approach the competent authority
through proper channel with such request. Thereafter, the police people
stationed in large numbers at the Airport left the place.
10. In conspectus of the aforesaid facts, it is manifest without any iota of
doubt that the aforesaid two passengers and the Police personnel voluntari-
ly and intentionally obstructed the public servants (the officers of Customs)
to discharge their public functions and to exercise their powers under the
Customs Act, 1962, interfered and influenced the Customs officers on duty
and criminally intimidated them from doing their public functions. Such
obstruction, interference and criminal intimidation by the Police is without
any authority of law and hence illegal, arbitrary and unlawful.
11. Now it is requested that a ‘First Information Report’ (FIR) may be reg-
istered against the aforesaid two passengers, the Police Personnel and other
unknown persons, who abused and resorted to criminal intimidation and
voluntarily/intentionally obstructed the officers of Customs to exercise
their power as conferred under the Customs Act, 1962 as per Section 186
and Section 503 of Indian Penal Code read with Section 133 of the Customs

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