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2009 (7) TMI 890

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..... ting in causing loss of revenue to the Government by evasion of customs duty in the peculiar facts and circumstances of this case, this is not a fit case for release of the applicant on bail. In the result application stands rejected. - 3130 of 2009, - - - Dated:- 28-7-2009 - A.P. Deshpande, J. S/Shri Jaideep Lele i/by Devendra Shukla, Advocate, for the Appellant. S/Shri H.J. Dedhia, APP and Francis Saldanha, Sp. PP, for the Respondent. [Order]. P.C. : According to the respondent Directorate of Revenue Intelligence an intelligence was received by the Officers of DRI indicating that some fraudulent importers are importing super bikes in India by first disassembling them abroad and importing the said disassembled bikes in .....

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..... by the respondent that investigation carried out till date has revealed that around 630 imported super bikes have been registered with various RTOs. Verification of registration of documents have revealed that bills of entry submitted to various RTOs in cases of 547 bikes are forged and customs duty is evaded to the tune of more than Rs. 30 crores. According to the respondent seven persons are involved in such imports one of them being the present applicant. Five persons were arrested in connection with the crime. It is contended that as the particulars of bike parts are not mentioned in the bills of entry it is very difficult to co-relate the same with the bikes assembled in India which are found to be registered by filing bogus bills of e .....

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..... nsel for the applicant has submitted that though the applicant s statements were recorded on four occasions prior to his arrest during the period of his custody over a period of one month only one statement has been recorded and the applicant has been interrogated only once. It is also submitted that three persons who are said to have been involved in the illegal import of the bike parts are released on bail. From the perusal of the orders it is seen that one of them was released as charge sheet was not filed within statutory period whereas in the other case investigation was completed and third accused was released after 49 days. On behalf of the applicant it is contended that further detention of the applicant in custody would not be in f .....

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