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T.P.Nandakumar

High Court Of Kerala|09 June, 2014
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JUDGMENT / ORDER

Manjula Chellur, C.J.
This public interest litigation is filed seeking following relief:
“issue a writ of mandamus or any other appropriate writ, direction or order commanding respondents 1 and 5 to entrust the investigation of the cases against the 4th respondent as revealed from Exhibits P2 and P3 counter affidavits of the Directorate of Revenue Intelligence, to the Central Bureau of Investigation as stipulated in the Delhi Special Police Establishment Act.”
2. The main ground alleged in the Writ Petition is, money laundering and illegal import of foreign cars into India at the instance of fourth respondent are not properly investigated and therefore, if the prayer is allowed, it would expose magnitude of the illegal activities of respondents so far as import of foreign cars and money laundering carried on at the instance of fourth respondent.
3. During the pendency of Writ Petition, Central Bureau of Investigation filed statement clarifying the state of affairs so far WP(C).23126/11 2 as fourth respondent is concerned. As per this statement, already RC.12(A)/2013 of CBI, ACB, Chennai came to be registered on 20th March, 2013 alleging that fourth respondent, a private person in connivance with the officials of Directorate of Revenue Intelligence and others, had imported several luxury vehicles through Indian sea ports violating pre and post import provisions resulting in loss to the tune of ₹48.40 crores to Government of India so far as import policy. During the course of investigation, several places were raided and searches were conducted at 19 places at Chennai and other places, consequently 36 luxurious vehicles were seized. Right from the date of registration of the case, he is evading investigation by CBI and is absconding. Subsequently, as submitted by learned counsel for CBI, he is apprehended and is undergoing judicial custody at Chennai. As revealed by Government Advocate, so far as State is concerned, case registered against fourth respondent is for having a fake passport and investigation is undertaken by the Assistant Commissioner, Narcotic Cell, Ernakulam in Crime No.2228/11 of Palarivattom Police Station.
4. It is needless to say, CBI while enquiring into how 36 luxurious cars were brought to India violating import policy, WP(C).23126/11 3 they also have involved to check passport and other details whenever he visited India bringing these cars. However, it is left to State Government whether this particular investigation of enquiring into fake passport of fourth respondent is to be handed over to CBI or not. So far as relief sought in the Writ Petition, with the registration of case at Chennai, the prayer is complied with and we are of the opinion, the Writ Petition need not be entertained further.
Accordingly, the Writ Petition is closed.
MANJULA CHELLUR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE
vgs9.6.14
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Title

T.P.Nandakumar

Court

High Court Of Kerala

JudgmentDate
09 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • K Ramakumar
  • Smt Sindhu Manoj
  • Sri