Indira Banerjee, J. - (1.) THIS writ application is directed against the alleged action of the respondent -customs authorities in withholding of passport No. H4493554 belonging to the petitioner. According to the petitioner, on December 31, 2009 when the petitioner was traveling to Dhaka from Kolkata by Air India Flight No. IX -912 through the Netaji Subhas Chandra Bose International Airport, Kolkata, he came across one, Shri Debnath, resident of Habra, 24 Parganas (North), who was also traveling to Dhaka and was known to the petitioner by face.
(2.) IT is alleged that the said Shri Debnath requested the petitioner to allow him to use the free baggage weight limit available to the petitioner under the Rules of the airlines, by carrying baggage on his behalf. The petitioner stuck his neck out to oblige a person whom, as per his own statement he knew only by face. Be that as it may, the petitioner was informed by the airlines security staff that his baggage had not properly been screened. On further screening, it was found that there were small bottles containing vaccines and injections in the baggage carried by the petitioner.
(3.) THE briefcase which was admittedly being carried by the petitioner was sealed and detained by the customs officers of the Air Intelligence Unit, Netaji Subhas Chandra Bose International Airport, Kolkata, under DR Memo No. 195/09 AIU, dated December 31, 2009. A statement of the petitioner was recorded on January 1, 2010. On the same day, that is on January 1, 2010, the goods in the detained briefcase were inventoried and valued at Rs. 7,00,692.30.;