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2015 (8) TMI 1227 - HC - CustomsObtaining Export obligation discharge certificate fraudulently Cancellation of anticipatory bail Because of fraudulent methods adopted by respondent to obtain Export Obligation Discharge Certificate, there is loss to Government of India and in order to safeguarding sum of public money criminal proceedings were initiated against which anticipatory bail was granted to respondent Petitioner seeking cancellation of anticipatory bail granted Held that - submissions made by Assistant Solicitor General of India will not serve as ground for cancellation of anticipatory bail granted to respondent Once anticipatory bail is granted by Court, it could be cancelled only if respondent abuses said concession as observed by Supreme court in Dolat Ram and others v. State of Haryana 1994 (11) TMI 424 - SUPREME COURT It is not case of petitioner that respondent is abusing concession granted to him Submission that grounds for granting bail was incorrect will not serve as ground for cancellation of anticipatory bail granted to respondent Decided against petitioner.
Issues Involved:
1. Cancellation of anticipatory bail granted to the respondent. 2. Allegations of duty evasion and fraudulent methods by the respondent. 3. Grounds provided by the lower court for granting anticipatory bail. 4. Legal standards for cancellation of anticipatory bail. Detailed Analysis: 1. Cancellation of Anticipatory Bail Granted to the Respondent: The petitioner seeks to cancel the anticipatory bail granted to the respondent by the learned Principal District and Sessions Judge, Coimbatore, in Crl.M.P.No.3860 of 2015 dated 13.2.2015. The petitioner argues that the reasons provided by the lower court for granting bail are not factually correct and legally tenable. 2. Allegations of Duty Evasion and Fraudulent Methods by the Respondent: The petitioner, Directorate of Revenue Intelligence (DRI), alleges that the respondent, a textile mill, imported capital goods under the Export Promotion Capital Goods (EPCG) Scheme but failed to meet the export obligation. The respondent allegedly obtained Export Obligation Discharge Certificates (EODC) through fraudulent methods, resulting in a duty evasion of Rs. 4.12 crores and a loss of foreign exchange equivalent to Rs. 33,92,22,782/-. The DRI seized machineries worth Rs. 6,05,00,000/- from the respondent's premises. 3. Grounds Provided by the Lower Court for Granting Anticipatory Bail: The lower court granted anticipatory bail based on three grounds: - Prosecution is not mandatory under the Customs Act, 1962. - All the machineries have been seized by the department for addressing its claim. - The documents and other papers were already seized by the department. The petitioner contends that these grounds are factually incorrect. The petitioner argues that prosecution under the Customs Act requires the sanction of the concerned Commissioner of Customs and that custodial interrogation is necessary to seize all relevant documents and papers. 4. Legal Standards for Cancellation of Anticipatory Bail: The court emphasized that anticipatory bail once granted can only be canceled if there is an abuse of the concession granted to the accused. The court referred to the Supreme Court judgments in Dolat Ram v. State of Haryana and Hazari Lal Das v. State of West Bengal, which state that "very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted." Grounds for cancellation include interference with the administration of justice, evasion of justice, or abuse of the concession granted. In this case, the court found no evidence that the respondent abused the anticipatory bail. The court noted that the petitioner's argument that the lower court's reasons for granting bail were factually incorrect does not serve as a ground for cancellation. The court concluded that the petitioner failed to make out a case for cancellation of the anticipatory bail granted to the respondent. Conclusion: The petition for cancellation of anticipatory bail is dismissed. The court held that the anticipatory bail granted to the respondent could not be canceled in the absence of any abuse of the concession granted. The reasons provided by the lower court for granting bail, even if factually incorrect, do not justify the cancellation of the anticipatory bail.
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