2007 (7) TMI 311 - HC - Customs

Evasion of custom duty - bail application - Held that - Taking into account the nature and seriousness of the offence and reasonable apprehension of the witnesses being tampered with as also the larger interest of the public and the State, the petitioner does not deserve his release on bail. His bail plea is, therefore, declined and the petition is dismissed. However, keeping in view that the petitioner is in jail custody since 28th of February, 2007, the learned trial court shall endeavour to expedite the trial and conclude it within a period not later than six months from this date. The period of delay occasioned on account of adjournments sought on behalf of the petitioner shall not count towards this six months period.

Summary

Issues:
Prosecution under Section 135 of the Customs Act for alleged evasion of customs duty.

Analysis:
The petitioner imported Crude Palm Oil for manufacturing washing soap at a concessional rate of customs duty but allegedly diverted the consignments to Ghee manufacturers. The prosecution claimed that false returns and fabricated documents were used to avail the concessional rate. The petitioner argued for bail citing previous court decisions, but the prosecution contended that the records were falsified. The court noted that the diversion of raw material to Ghee manufacturers instead of soap production cast doubt on the records. The petitioner's plea for bail was rejected due to the seriousness of the offence and concerns of witness tampering. The court directed the trial to be expedited within six months, considering the petitioner's time in custody.

Conclusion:
The court dismissed the bail plea, emphasizing the gravity of the offence and the potential harm caused by diverting non-edible oil meant for soap production. The petitioner's detention was not considered sufficient grounds for bail, and the trial was ordered to be completed within six months. The larger public and state interests were prioritized over individual liberty, highlighting the importance of addressing economic offences with stringent measures.