The passengers refused to show their passport and any demand for money from them was denied, it was submitted. There was no mala fide intent on part of the customs officials
The Calcutta High Court. (Photo: calcuttahighcourt.gov.in)
Customs officials were resisted by state police personnel on 16 March when the former had detected the presence of gold ornaments inside the baggages of Maneka Gambhir and Rujira Narula, the wife of Trinamul Congress MP Avishek Banerjee, who is the nephew of chief minister Mamata Banerjee, customs counsel, Aman Lekhi submitted today. He was opposing a petition seeking the quashing of the summons to Ms Gambhir before Justice Rajarshi Bharadaj of Calcutta High Court.
The passengers had resisted the customs officials thereby obstructing the public servants in discharging their duties, Lekhi contended. Moreover, police was called in an prohibited area and they allowed the passengers to leave. Customs officials suspected smuggling as X-ray had revealed the presence of gold ornaments in the baggage of the persons against whom the summons had been issued, it was submitted.
The passengers refused to show their passport and any demand for money from them was denied, it was submitted. There was no mala fide intent on part of the customs officials
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The purpose of Customs Act is both punitive and protective, it was submitted. But the nature of duty of the police is different as it cannot impose penalty neither can it step into each other’s jurisdiction.
No case is made out for movement of contraband good, additional advocate general, Avratosh Majumdar appearing for the state submitted. The customs officials registered complaints against police officers alleging obstruction, interference and intimidation days after the incident.
Police officers are given “protocol passes” which allow them to move within the airport and walk to a tarmac, the additional advocate general opposing the customs counsel’s contention said that policemen had moved into the prohibited area. The customs officials and police officers shook hands when the groups were departing which does not indicate any hard feelings. Customs cannot conduct a parallel enquiry as police investigation is on, Gambhir’s counsel Sujit Ghosh submitted.
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