Court No. - 17 Case :- CRIMINAL MISC. WRIT PETITION No. - 6255 of 2024 Petitioner :- Damien Durning Respondent :- Union Of India Thru. Additional Director General, Directorate Of Revenue Intelligence, Lucknow Counsel for Petitioner :- Saurabh Shankar Srivastava,Priyesh Mishra Counsel for Respondent :- Digvijay Nath Dubey,Anuj Singh,Kuldeep Srivastava Hon'ble Rajeev Singh,J. 1. Heard Sri Priyesh Mishra, learned counsel for the petitioner and learned counsel for the D.R.I. 2. The present writ petition is filed with the following prayer :- "I. Issue a writ, order or direction or writ in the nature of certiorari, quashing the impugned remand order dated 9.8.2024 issued by the Court of learned Special Chief Judicial Magistrate (Custom), Lucknow, which is Annexure No.1 of the writ petition. II. Issue a writ, order or direction or writ in the nature of Mandamus, directing immediate release of the innocent petitioner who is presently languishing in Lucknow Central Jail in D.R.I. Case No.16 of 2024 registered by the Lucknow Zonal Unit of the dated 07 & 08/08/2024 under Sections - 135(1)(i)(A) for offence u/s 135(1)(b) and 135(1)(c) of Customs Act, 1962." 3. Learned counsel for the petitioner submits that applicant was taken into custody on 7.8.2024 but he was placed before the learned Magistrate on 9.8.2024 which is clear violation of the provision of Section 124 of Customs Act. He also relies on the decision of Hon'ble Apex Court in the case of Prabir Purkayastha Vs. State (NCT of Delhi) reported in 2024 SCC Online SC 934 and requested for kind indulgence of this Court. 4. Learned counsel for the respondent submits that the judgment relies by learned counsel for the petitioner is not applicable in the present case as the petitioner is on bail. 5. Considering the submissions of learned counsel for the parties, going through the contents of the present petition as well as other relevant documents, it is an undisputed fact that the petitioner has already been enlarged on bail, therefore, the present petition has lost its efficacy and is liable to be dismissed. 6. Accordingly, the present petition is dismissed as infructuous. 7. However, it is open to the petitioner to take appropriate remedy, if he is feeling aggrieved with the action of the agency. Order Date :- 3.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench