9911796707
TMI Blog2016 (2) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision rendered 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. 1689 of 2016 - - - Dated:- 10-2-2016 - MR.JUSTICE A.J.DESAI MR CHETAN K PANDYA, ADVOCATE for the Appellant MR HRIDAY BUCH, ADVOCATE, MS MD MEHTA, LD.ADDL.PUBLIC PROSECUTOR for the Respondent ORAL ORDER 1. By way of this application, the applicant has prayed to enlarge him 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 sanction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tinued. 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 applicant, 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 other two accused had 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 one of the accused, 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 applicant filed an application u/s.439 of the Code of Criminal Procedure before learned Additional Chief Metropolitan Magistrate being Criminal Misc. Application No.158 of 2015, which was dismissed by learned Metropolitan Magistrate on 7/11/2015. The applicant approached learned City Sessions Judge by way of fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submit that the statements of the witnesses relied upon by the Investigating Agency with regard to the activities allegedly carried out by the applicant 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 applicant may be released by imposing appropriate conditions i.e. by restraining the mobility of accused as well as securing his presence. He has relied upon the judgement delivered by Honble the Apex Court in the case of Sanjay Chandra V/s. Central Bureau of Investigation reported in (2012)1 SCC 40. By taking me through the various paras of the said judgement, he would submit that after considering the landmark judgements of the Supreme Court itself, Honble Apex Court has held that certain aspects are required to be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs and who alleged to have deliver the goods to other accused, 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 applicant was arrested on 24/02/2015 and was in judicial custody pursuant to the lodgment of FIR by the police department, the Custom Department has arrested the present applicant on 28/08/2015 i.e. after more than six months. There might be some investigation during this period, however it is desirable to comment anything about the reasons for not arresting the applicant for considerable long time. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present application is allowed and the applicant is 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 ₹ 1,00,000/- (Rupees One Lac only) with two sureties of ₹ 50,000/- each to the satisfaction of the learned Trial Court and subject to the conditions that he shall; [a] not take undue advantage of his liberty or misuse his liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender his passport, if any, to the lower court within a week; [d] not leave the State of Gujarat as well as State of Haryana 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 Calendar month till trial is over; [f] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 10. The Authorities wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
