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2016 (2) TMI 312

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..... - Dated:- 2-2-2016 - MR. A.J.DESAI, J. FOR THE APPELLANT : MR ND NANAVATI, SR. ADVOCATE WITH MR RAJESH K KANANI, ADVOCATE FOR THE RESPONDENT : MR HRIDAY BUCH, ADVOCATE, MS MD MEHTA ADDL. PUBLIC PROSECUTOR ORAL ORDER [1] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with registered under the Customs Act vide DRI.F.No.DRI/AZU/CI/ENQ(INT)02/2015 for the offences under Sections 132, 135 and 135A of the Customs Act, 1962. [2] Heard Mr.N.D.Nanavati, learned Senior Counsel assisted by Mr.Rajesh Kanani, learned advocate for the applicant, Mr. Hriday Buch, learned Standing Counsel for Government of India respondent No. 1 and Ms. M. D. M .....

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..... the year 2010 2015. He would further submit that as far as transaction with regard to the past is concerned, the investigating agency is in process of issuing notice etc. for recovery of the said amount. However, he would submit that the applicant shall be directed to pay some amount to the department. [5] I have heard learned advocates appearing for the parties. Prima facie, it appears that the applicant has tried to get benefits of drawback system as far as the present consignment is concerned. As far as the allegations made with regard to the past for which similar allegations have been made i.e. with regard to getting facility of drawback with regard to certain exporters shall be directed to pay reasonable amount. Considering the .....

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..... Lakh within a period of three months thereafter before the trial Court concerned; [c] the applicant shall remain present as and when called by the authority concerned for further investigation; [d] the applicant shall not take undue advantage of liberty or misuse liberty; [e] the applicant shall not act in a manner injuries to the interest of the prosecution; [f] the applicant shall surrender passport, if any, to the lower court within a week; [g] the applicant shall not leave the Territory of India without prior permission of the trial Court concerned; [h] the applicant shall mark presence the office of Directorate of Revenue Intelligence Zone, at Amritsar on any day of first week of each English Calendar Month for a period .....

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