Shibu Thomas, TNN Sep 23, 2011, 12.57am IST
MUMBAI: The Customs department may be headed for trouble over detaining a non-resident Indian twice at Chhatrapati Shivaji international airport on the basis of an "illegal" lookout notice.
A division bench of Justices A M Khanwilkar and P D Kode allowed liberty to 40-year-old Usman Abdul Sattar to file a case against the department, seeking damages for detaining him unauthorisedly.
"Justify the lookout notice," the judges told the Customs department and the state government. "There is no warrant pending against Sattar, nor was he declared a proclaimed offender and absconding. The notice was without any basis," said the judges.
Sattar was apprehended by the Customs last year for failing to declare dutiable goods at the airport and for carrying excess foreign currency. Sattar was released on bail by a magistrate's court and he also paid a penalty to get back the goods seized from him, his lawyer said. The court had also given Sattar permission to travel abroad.
According to his lawyer, in September 2010 and April 2011, when he arrived at the airport, the immigration authorities questioned him and handed him over to the Customs department on the basis of a letter in the form of a lookout circular. This is usually provided to the immigration authorities at checkpoints like airports, to alert them against persons who may be absconding or those who may have a warrant issued against them.
Sattar's lawyers said that he was detained at the airport for six to seven hours even though he was enlarged on bail and allowed to travel.
The Customs department cited the case against Sattar as the reason he was detained.
The court, however, called the Customs department's justification as "preposterous". The court termed the Customs department's letter and lookout notice "illegal" and struck them down.
The court said that Sattar was at liberty to lodge legal proceedings before the appropriate court to seek damages from the Customs department for illegally detaining him.
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