K.N. Fayaz Ahmed S/O Khaja Nawas vs. Union Of India Rep. By Seretary To Gov. Ministry Of Home Affairs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 8916 OF 2024 IN WRIT PETITION NO. 5264 OF 2024

K. N. Fayaz Ahmed **} ..**Applicant In the matter between : K. N. Fayaz Ahmed **} ..**Petitioner : Versus : The Union of India & Ors. **} ..**Respondents

WITH INTERIM APPLICATION NO. 8917 OF 2024 IN WRIT PETITION NO. 5263 OF 2024

Abdul Latif Abbas **} ..**Applicant In the matter between : Abdul Latif Abbas **} ..**Petitioner : Versus : The Union of India & Ors. **} ..**Respondents __________________________________________________

Mr. Shravan Kochar i/b Mr. Tanmay Sangani for the Applicants/Petitioners.

Mr. D. P. Singh for Respondent Nos. 1 to 3. Mr. Vijay Kantharia a/w Ms. Maya Majumdar for Respondent No. 4.

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Coram : Sandeep V. Marne &
           Dr. Neela Gokhale, JJ.
           (Vacation Court)
Dated : 13th May 2024.

P.C. :

1. These petitions are filed seeking direction against Respondent Nos. 1 to 3 to lift the Look Out Certificates/Prohibitory Orders made against the Petitioners and to permit the Petitioners to travel abroad without any hindrance.

2. Mr. Kantharia, the learned Counsel appearing for Respondent No. 4 would place on record the communication dated 13th May 2024 issued by the Deputy Commissioner in the office of Commissioner of Customs, CSM International Airport, Mumbai, in paragraph 7 of which, the following remark is made :

"As the total value of smuggled goods was more than fifty lakhs, LOC (Look Out Circular) request was issued against both the passengers i.e. Mr. Abdul Latif Abbas and Mr. Fayaz Ahmed Khaja Nawas. However, the said request did not suggest any restriction to be put on the petitioners' travel abroad. The only action expected from immigration check point was to handover the petitioner to Customs official on duty whenever he enters and leaves India to ensure that he is subjected to Customs Check so as to prevent him from carrying any contraband goods. Copy of the request letter addressed to immigration authorities is enclosed for ready reference."

3. Thus, the communication dated 13th May 2024 clearly indicates that no restriction is put on the Petitioners' travel abroad. Only restriction is for the Petitioners to present themselves before the Custom Officials whenever they enter or leave India to ensure that they are subjected to Customs Check.

4. Since no restriction put on the Petitioners' travel abroad, nothing further remains to be adjudicated in the present petitions. However, it is

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clarified that Petitioners shall present themselves before the Custom Officials on duty at the time of entry as well as leaving India to ensure that they are subjected to Customs Check.

5. With the above clarification, the interim applications as well as writ petitions are disposed of.

[Dr. Neela Gokhale, J.] [Sandeep V. Marne, J.]

GITALAXMI KRISHNA KOTAWADEKAR

Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.05.14 17:06:08 +0545

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