Cleetus S.J vs Union Of India And Ors

Petitioner's son Jomon is undergoing imprisonment at Kuwait following his arrest by the Kuwait Police, on the allegation of having attempted to

smuggle drugs into Kuwait. According to the petitioner, a person named Antony had offered employment for Jomon at a Supermarket in Kuwait and

had offered free Visa and Air tickets. The offer was accepted and Jomon departed from Cochin International Airport to Kuwait on 05.01.2018.

Antony, who had offered to travel with Jomon, met him at the Airport and expressed his inability to travel on that day. Antony also handed over a

sealed bag, mobile phone and SIM card to Jomon and told him to insert the SIM card in the mobile phone after reaching Kuwait Airport and to call a

particular number, upon which, an employee from the Supermarket will collect the bag and take Jomon to his employer. On reaching Kuwait Airport, it

was informed that Jomon's luggage could not be traced out and he was asked to check into a hotel and came to the Airport on 06.01.2018 for

collecting his luggage. As instructed by Antony, Jomon called the number given to him and a Malayali, who claimed that he was also working at the

supermarket met him at the Airport and took him to the Hotel. The next day (06.01.2018), when Jomon reached to the Airport for collecting his

luggage, he was detained by the Kuwait Police for attempting to smuggle illegal drugs from India. Pursuant to his arrest, Jomon was tried by the court

at Kuwait and sentenced to life imprisonment.

The petitioner alleges that his son was trapped by a well organised gang, which lures unsuspecting youth with the offer of employment abroad and

use them as conduits for smuggling drugs. According to the petitioner, he had informed the Excise Department about the incident and had helped the

Department in tracking down Antony, through whom the Excise Officials were able to apprehend the notorious gang. The petitioner is aggrieved by

the fact that despite having apprehended the gang involved in sending the petitioner's son to Kuwait with the contraband, no investigation into that

specific incident was conducted. It is submitted that on contacting the Indian embassy, the petitioner was informed that his son would be released on

'amini pardon', if proof of investigation conducted by the concerned agencies in Kerala and evidence regarding Jomon's innocence is produced before

the authorities at Kuwait. Hence, the petitioner filed Ext.P3 before the Station House Officer, Njarackal Police Station, with copies to superior Police

officers, seeking registration of crime and investigation into the incident which led to his son being arrested and detained at Kuwait. The police having

failed to act, this writ petition is filed seeking the following reliefs:

“i. Direct the respondents by issue of a writ of mandamus or such other appropriate writ, direction or order to carry out proper investigation into the

offences stated in Ext.P3 in a time bound manner and in any case within such time as deemed just and proper by the Hon'ble Court.

ii. Direct the 1st respondent by issue of a writ of mandamus or such other appropriate writ, direction or order to appoint competent agencies to dispose

of Ext.P3 expeditiously and in any case within such time as deemed just and proper by this Hon'ble Court.

In the statement filed on behalf of the Sub Inspector of Police, Njarackal Police Station, it is stated that the Excise Department was informed about

the use of unsuspecting youth as drug carriers. This resulted in the arrest of certain persons and the officials in the Excise Department being awarded

good service entries and rewards. Being satisfied with the rewards, the officials did not conduct further investigation in the matter.

On behalf of the Union of India, it is submitted that all necessary steps for securing 'Amini Pardon' for the petitioner's son would be taken by the

authorities, if proof of Jomon's innocence is provided, by arresting the actual culprits behind the incident.

Having heard the learned Counsel for the petitioner, the learned Public Prosecutor and the learned Central Government Counsel, I find the

grievance of the petitioner to be genuine. The truth or otherwise of the allegation that, the petitioner's son is innocent and was trapped into carrying

contraband by an organised gang is liable to be investigated. Failure to unearth the truth will result in more innocent youth being trapped. The illegal

activity is against national interest and should be approached with all seriousness. Hence, it is only appropriate that the crime branch conducts an

investigation into the allegations raised in Ext.P3 complaint.

In the result, the writ petition is disposed of, directing respondents 2 and 3 to order an investigation by the Crime Branch Department into the

allegations raised in Ext.P3 complaint. While conducting such investigation, the Crime Branch shall work in tandem with the Central Agencies, so that,

proof of innocence of the petitioner's son, if any obtained during the course of investigation, can be placed before the authorities at Kuwait.