Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, WP(CRL.) NO. 63 OF 2023 PETITIONER/S: AJI KRISHNAN AGED 54 YEARS S/O.C.K.KRISHNAN 3B, SKYLINE GRACE PALA.P.O, KOTTAYAM, PIN - 686575 BY ADV SHAJAHAN K.M. RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY PRINCIPAL SECRETARY CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, 4TH AND 5TH FLOOR HOTEL SAMRAT CHANAKYAPURI, KAUTILYA MARG NEW DELHI, PIN - 110021 2 RAJENDRA KUMAR IRS PREVENTIVE COMMISSIONER, CUSTOMS CUSTOMS OFFICE CATHOLIC CENTRE, 5TH FLOOR BROADWAY, ERNAKULAM, PIN - 682031 3 PINARAYI VIJAYAN CHIEF MINISTER, KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 4 SANJAY KUMAR MISHRA IRS DIRECTOR - ENFORCEMENT, HEADQUARTERS OFFICE DIRECTORATE OF ENFORCEMENT PRAVARTHAN BHAVAN APJ ABDUL KALAM ROAD NEW DELHI, PIN - 110011
5 DINESH PARUCHHURA ADDITIONAL DIRECTOR ENFORCEMENT DIRECTORATE KOCHI ZONAL OFFICE M.G ROAD, P.T USHA SUB ROAD ERNAKULAM, PIN - 682011 6 SMT. SWAPNA SURESH 401, 4TH FLOOR, A3 HOME ANUP LAYOUT MAHADEVAPURAM HOODI CIRCLE, BANGALORE, PIN - 560048 BY ADVS. ASG OF INDIA ADV. P.G. JAYASHANKAR PGJ Jaishankar V.Nair THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
…............................................ W.P.(Crl.) No. 63 of 2023 …................................................................ Dated this the 22nd day of February, 2023
JUDGMENT
The learned counsel for the petitioner seeks permission to withdraw this Writ Petition, with liberty to file a fresh writ petition.
2. In view of the defects noticed in the cause title and
the attempts made by the petitioner to correct the said cause title, I am of the view that the writ petition can be permitted to be withdrawn with the liberty to file a fresh petition. Accordingly, this writ petition is dismissed as withdrawn, reserving the liberty to file a fresh writ petition. Sd/- BECHU KURIAN THOMAS JUDGE Dxy APPENDIX OF WP(CRL.) 63/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SHOW CAUSE NOTICE NO. OF CUSTOMS (PREVENTIVE), COCHIN DATED 29.07.2021 Exhibit P2 TRUE COPY OF THE COMPLAINT FILED UNDER
SECTION 137 READ WITH SECTION 135 OF THE CUSTOMS ACT,1962 FURTHER READ WITH SECTIONS 190(1) (A) AND 200 OF THE CODE OF CRIMINAL PROCEDURE,1973 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE), ERNAKULAM Exhibit P3 TRUE COPY OF THE ITERINARY OF HHHH SHEIKH DR. SULTAN BIN MUHAMMED AL- QASIMI, EMIR OF SHARJAH TO KERALA FROM 24TH TO 27TH SEPTEMBER 2017 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE AUTOBIOGRAPHY WRITTEN BY SMT. SWAPNA SURESH NAMED "CHATHIYUDE PADMAVYUHAM" IN MALAYALAM Exhibit P6 TRUE COPY OF THE LETTER NO.HRDS/STHP/2295/22 DATED 28/10/2022 SUBMITTED TO PRINCIPAL SECRETARY OF CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS Exhibit P7 TRUE COPY OF THE ACTIVITIES OF THE ED Exhibit P8 TRUE COPY OF LETTER NO.HRDS/STHP/2169/22 SENT TO DIRECTOR, ED DATED 16TH SEPTEMBER, 2022