Page No.# 1/7 GAHC030004072026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./17/2026 Smt. Sabbathhlui D/o Zokalsiama R/o Bawngkawn Durtlang Road Aizawl, Mizoram VERSUS Union of India and 3 Ors. R/b Senior Intelligence Officer DRI Aizawl Regional Unit 2:The Deputy Director Directorate of Revenue Intelligence Aizawl Regional Unit 3:Sh. Shyam Kumar Singh Intelligence Officer DRI Regional Unit Aizawl 4:Sh. L. Henkhawgin Haokip Senior Intelligence Officer Directorate of Revenue Intelligence Regional Unit Aizaw Advocate for the Petitioner : Mr B Lalramenga Advocate for the Respondent : Mr. Johny L Tochhawng (Special PP) for R1-R2 Page No.# 2/7 B E F O R E HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 11.09.2026 Heard Mr. B. Lalramenga, learned counsel appearing for the petitioner. Also heard Mr. Johny L. Tochhawng, learned Special Public Prosecutor appearing for the respondents. 2. By way of this application under Section 528 of BNSS, 2023, the petitioner is seeking quashing of the complaint registered as Directorate of Revenue Intelligence (DRI) Seizure Case No. 01/CL/IMP/POP-CIG-COS/DRI-AZL/2022-23 dated 02.06.2022 wherein a case under Section 135(i) (a) & (b) of Customs Act, 1962 was registered against the petitioner. 3. The brief facts of the case is that the Directorate of Revenue Intelligence (DRI) received information with respect to illegally imported cigarettes and poppy seeds which had been stored in two locations at Bangkawn Salom Veng, Aizawl wherein two separate teams were formed comprising of DRI Officers, Officers of BSF FGT and four independent witnesses and search was conducted on the said locations on 02.06.2022 and 78 HDPE bags of poppy seeds, 41 cardboard boxes/cartons of Esse Light cigarettes, 33 small cartons of Farstar cigarettes, 13 cardboard/cartons of cosmetic products and Mobile Phone (Apple Page No.# 3/7 iPhone 12) with sim No. 8729821498 were seized from the possession of the petitioner and a case was registered against the petitioner as DRI seizure Case No. 01/CL/IMP/POP-CIG-COS/DRI-AZL/2022-23 Dated 02.06.2022 U/s 135 (i) (a) & (b) of the Customs Act, 1962. Thereafter, the petitioner was illegally detained in the Office of the Directorate of Revenue Intelligence and she spends the night in the said Office on 03.06.2022 and on the next day, i.e., 04.06.2022 the petitioner's Mobile Phone (Samsung Galaxy M325G) was seized and she was arrested and after she was produced before the Court, she was kept in judicial custody. 4. Upon the bail application being submitted before the Chief Judicial Magistrate, Aizawl on behalf of the petitioner, the same being allowed by the jurisdictional Chief Judicial Magistrate by Order dated 17.06.2022, the petitioner is on bail. 5. It appears that despite lapse of four years, the respondent agency has not submit complaint sheet till date since registration of the case i.e., on 26.02.2022. An application for discharging the petitioner was filed before the jurisdictional Chief Judicial Magistrate, Aizawl under Section 239 of Cr.P.C. which is been registered and numbered as Criminal Misc. Application No. 271/2024. However, the same is still pending. Page No.# 4/7 6. Today when the matter has been called, Mr. Johny L. Tochhawng, learned Special Public Prosecutor appearing for the respondents department submits on instruction that no prosecution/final complaint is proposed to be filed before the jurisdictional Court in connection with the aforesaid case. The instruction dated 31.08.2026 received by his Office is kept on record and marked as ‘X’. The relevant portion of the aforesaid letter reads as under:- “DRI F. No. 01/LEGAL CORRES/DRI-AZL/2026-27/ 380 Dated: 31-08 - 2026 To, Shri Johny Latengmawia Tochhawng Department Counsel, Mizoram Law Firm Upper Republic, Aizawl Mizoram – 796001 Sir, Subject: Crl. Pet. No. 17/2026 - Smt. Sabbathhlui vs. Union of India & 3 Ors. - Instructions pursuant to the directions of the Hon'ble Gauhati High Court, Aizawl Bench - reg. Please refer to your letter dated 28.08.2026 whereby specific instructions were sought pursuant to the directions of the Hon'ble Gauhati High Court, Aizawl Bench, as to whether or not a final complaint/prosecution is proposed to be filed. In this regard, it is informed that no prosecution has been proposed/recommended by the Adjudicating Authority against the noticees in the subject case. Accordingly, no prosecution/final complaint is proposed Page No.# 5/7 to be filed before the jurisdictional Court in connection with the subject proceedings. It may, however, be brought to the notice of the Hon'ble Court that the proceedings have already culminated in adjudication vide Order- in-Original No. COM/CUS/ADDL.COMMR/243/2026 dated 12.05.2026, whereby the Competent Authority passed the following operative order: (i) The seized foreign-origin goods, namely 3510 Kgs. of Poppy Seeds, 4,16,000 sticks of Cigarettes and 685 Nos. of assorted Cosmetic items, collectively valued at Rs. 1,05,37,885/- (Rupees One Crore Five Lakh Thirty-Seven Thousand Eight Hundred Eighty-Five only), have been ordered to be absolutely confiscated under Sections 111(b) and 111(d) of the Customs Act, 1962; (ii) A penalty of Rs. 1,00,000/- (Rupees One Lakh only) has been imposed upon Smt. Sabbathhtui @ Hlutei under Section 112(a)(il) of the Customs Act, 1962; (iii) A penalty of Rs. 30,000/- (Rupees Thirty Thousand oniy) has been imposed upon Shri Vanlalruata Hnamte under Section 112(b)(ii) of the Customs Act, 1962; and (iv) A penalty of Rs. 30,000/-(Rupees Thirty Thousand only) has been imposed upon Smt. Vantatremruati @ Remremi under Section 112(b)(ii) of the Customs Act, 1962. Page No.# 6/7 The above may kindly be treated as the specific instructions of the Department in terms of your letter dated 28.08.2026 and may be accordingly brought to the notice of the Hon'ble Gauhati High Court, Aizawl Bench, in Crl. Pet. No. 17/2026. Further, you are kindly requested to intimate outcome of the case for maintenance of office record and monitoring, please. Yours faithfully, (JANGKHOLEN LUPHENG Assistant Director DRI, Aizawl Regional Unit” 7. A perusal of the aforesaid letter indicates that the Department has taken a decision not to file any final complaint in the matter. The proceedings have also culminated in adjudication vide Order-in-Original No. COM/CUS/ADDL.COMMR/243/2026 dated 12.05.2026, whereby a penalty of Rs. 1,00,000/- (Rupees one lakh only) has been imposed upon the petitioner under Section 112(a)(ii) of the Customs Act, 1962. 8. At this stage, it is noticed that the application filed by the petitioner under Section 239 of the Code of Criminal Procedure, 1973, seeking discharge, is pending consideration before the jurisdictional Chief Judicial Magistrate, Aizawl. In view thereof, this Court deems it appropriate to dispose of the present petition with a direction to the learned Chief Judicial Magistrate, Aizawl, to Page No.# 7/7 consider and dispose of the said application, in accordance with law, at the earliest. 9. Accordingly, the Criminal Petition stands disposed of. JUDGE Comparing Assistant