2024 (6) TMI 638 - HC - Customs

Bribery - Criminal liability - seeking provisional release for monetary consideration - application u/s 227 of the CrPC - HELD THAT - The accusation is that by abusing his position as a public servant applicant -Virendrakumar Agarwal obtained pecuniary gain in order to release the consignment and thereby he benefited by illegal means and caused wrongful loss to the government by not confiscating the goods. The respondents are relying upon the statements of the witnesses and the documents on record to establish the conspiracy between the various accused. The contention of learned senior advocate that the order of the provisional release having attained finality under the Customs Act has an effect of absolving the petitioners accused of any criminal liability is without any merit. The accusations against the petitioner- Virendrakumar Agarwal is that he obtained pecuniary gain from the co-accused for release of the consignment and thereby he benefited by illegal means and caused wrongful loss to the government by not confiscating the goods. There are thus prima facie materials and statements on record which is sufficient to proceed against the petitioners. There are no reason to interfere with the order passed by the trial Court - The petitions and revision application stand rejected.

Summary

Issues involved: Challenge to order dated 19/01/2013 passed by Special Judge, CBI, ACB, Mumbai under sections 120B, 420 of IPC and sections 13(2) read with 13(1)(d) of PC Act.

Summary:
The judgment involved multiple matters disposed of by a common order due to common issues. The challenge was against an order dated 19/01/2013 by the Special Judge, CBI, ACB, Mumbai under sections 120B, 420 of IPC, and sections 13(2) read with 13(1)(d) of PC Act. The application for discharge from the offenses was filed by the petitioner-accused. The case involved discrepancies in the gross weight of exported goods and alleged favoritism by customs officers. The trial Court rejected the discharge application citing provisions of the Customs Act and evidence from witnesses. The petitioner argued that the trial Court did not consider materials on record and failed to apply the test for conviction possibility. The respondent-CBI contended that the impugned order did not warrant interference. The Supreme Court's test in Yogesh alias Sachin Jagdish Joshi was cited regarding the discharge of accused before framing charges. The allegations against the accused involved misuse of official position for monetary gain, leading to wrongful loss to the government. The court found sufficient prima facie evidence to proceed against the petitioners and rejected the petitions and revision application. The trial Court was directed to proceed with the trial independently.

This summary provides a detailed overview of the judgment, including the issues involved, arguments presented by the parties, and the court's decision based on legal principles and evidence presented during the case.