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TMI Blog2015 (12) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by Apex Court in the case of State of Kerala V/s. Raneef [2011 (1) TMI 1396 - SUPREME COURT] and in the case of Sanjay Chandra[2011 (11) TMI 537 - SUPREME COURT], the applicant is behind bar since more than 10 months which is considered as long period and it is equally true that investigation is almost over. Therefore, this is a fit case to exercise the discretion and enlarge the applicant on regular bail and hence the applicant is ordered to be released on regular bail. - Decided in favour of appellant - CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 22821 of 2015 - - - Dated:- 22-12-2015 - MR.JUSTICE A.J.DESAI MR ND NANAVATI, SR. ADVOCATE WITH MR CHETAN K PANDYA, ADVOCATE FOR THE APPELLANT MR HRIDAY BUCH, ADVOCATE MR MITESH AMIN, FOR THE RESPONDENT CAV JUDGMENT 1. By way of this application, the applicants have prayed to enlarge them on regular bail in connection with DRI File No.DRI/AZU/GI-02/ENQ-10/2015 of Directorate of Revenue Intelligence, Ahmedabad Zonal Office, Ahmedabad, for the offences punishable under Sections 132 and 135(1) of the Customs Act,1962 read with 120(B) of the Indian Penal Code. The said inquiry proceedings were sanctioned b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRI, Zonal Unit, Ahmedabad and thereafter also investigation continued. During the investigation, statements of accused persons u/s.108 of the Customs Act were recorded by the Agency and ultimately before completion of 60 days from the date of arrest of the applicants, a complaint came to be lodged with learned Magistrate on 29/10/2015. By considering the statements of the accused persons recorded u/s.108 of the Customs Act as well as statements of the witnesses, it was found that the present applicants were indulged in similar activities in past and several such consignments, they had received and huge amount of custom duties have been evaded. It was alleged in the complaint that brother of applicant No.1, who is an Indian National, who is settled at Dubai, who is accused No.6, is handling such illegal transactions and against whom, Red Corner Notice has been issued by the Central Government. Having received such complaints, the present applicants filed an application u/s.439 of the Code of Criminal Procedure before learned Additional Chief Metropolitan Magistrate being Criminal Misc. Application No.160 of 2015, which was dismissed by learned Metropolitan Magistrate on 7/11/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yet not commenced. There are other alternative remedy available under Chapter XIV A and XV of the said Act and, therefore, he would submit that the Investigating Agency is interested in prolonging the proceedings with regard to evasion of customs duty and keeping the applicants behind the bar for endless time. He would submit that the statements of the witnesses relied upon by the Investigating Agency with regard to the activities allegedly carried out by the applicants in past, no supporting material is collected by the Investigating Agency. He would submit that investigation is over and, therefore, there is no question of tampering with the evidence. He would further submit that the witnesses referred in the complaint, are all government officers and, therefore, there is no question of influencing those witnesses. He would further submit that maximum punishment prescribed u/s.135 of The Custom Act, is seven years and, therefore, considering the gravity of the offence, the applicants may be released by imposing appropriate conditions i.e. by restraining the mobility of accused as well as securing their presence. He has relied upon the judgement delivered by Hon ble the Apex Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loading the luggage including allegedly 60 gold bars, Special Operation Group of DCB Crime, who had prior information caught raid handed those three accused where the present applicants alleged have came to receive those three accused, who are messengers and who alleged to have deliver the goods to the applicants, who are related to the persons, who have sent the gold bars without paying any duties. It is also an admitted fact that all the persons were arrested by DCB Crime on 24/02/2015. This Court would not like to express any opinion about the manner and method by which entire raid has been carried out by the Special Operation Group i.e. by not informing the Officers of the Customs Department stationed at Airport itself, who have vide and different persons for dealing with such crime. This would be subject matter of trial and Officer, who had secret information and found the accused outside the airport, raided is one of the witnesses in the complaint, filed by The Customs Department. It is also an admitted fact that though the applicants were arrested on 24/02/2015 and were in judicial custody pursuant to the lodgment of FIR by the police department, the Custom Department has a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and considering the nature of allegations made against the applicants in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with DRI File No.DRI/AZU/GI-02/ENQ-10/2015 of the Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, Ahmedabad, on executing a personal bond of ₹ 2,00,000/- (Rupees Two Lacs only) with two sureties of ₹ 1,00,000/- each to the satisfaction of the learned Trial Court and subject to the conditions that they shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat as well as State of Delhi without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on every Monday for a period of six months and thereafter, on any day of first week of each English Calen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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