A two-judge Bench dismissed a PIL filed by a customs violator challenging an investigative action. The court held the petition was motivated and lacked merits, agreeing that no interference was warranted.
The public interest litigation is dismissed with no interference warranted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PIL.130.2012.910.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
PUBLIC INTEREST LITIGATION NO. 130 OF 2012
KAMLESH KUMAR SRIVASTAVA :- PETITIONER VERSUS UNION OF INDIA AND ORS. :- RESPONDENTS
Mr. Sharad S. Suryawanshi, i/b. Mr. H. G. Wakshe, for the Petitioner.
Mr. P. S. Jetly, for Respondent Nos. 1, 2 and 4 to 8.
Mr. D. A. Dube, for Respondent No. 3.
CORAM :- A.M.KHANWILKAR & A.P.BHANGALE,JJ. DATED :- FEBRUARY 27, 2013
P.C. :-
Heard Counsel for the parties. Perused the reply
affidavit filed by the Deputy Commissioner of Customs, Central Intelligence Unit.
Counsel for the Customs Authority that this Petition, filed as Public Interest Litigation, is a motivated Petition. This has been filed on
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J.V.Salunke,PA
PIL.130.2012.910.doc
4th February, 2011, within two days from the search of residence and office of the Petitioner, who is involved in customs violation matters and admitted claiming excess drawback along with others.
Page 2 of 3
J.V.Salunke,PA
PIL.130.2012.910.doc
Hence, dismissed.
(A.P.BHANGALE,J.) (A.M.KHANWILKAR,J.)
Page 3 of 3
J.V.Salunke,PA
2 issues framed by the court
Whether a PIL filed by a petitioner involved in customs violation, claiming selective action and alleging motive, warrants judicial interference.
Whether the petitioner's attempt to initiate action against officials who investigated illegalities based on petitioner's complaints deserves judicial intervention.
Kamlesh Kumar Srivastava
Union of India
Central Intelligence Unit
A. M. Khanwilkar
A. P. Bhangale
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court