9911796707
TMI Blog2012 (12) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... ith Section 482 Cr. P.C. for grant of anticipatory bail in FIR No. 254/2012, under Sections 380/468/471/34 IPC, registered at Police Station Pur Prahladpur. 2. Briefly stated the allegations against the petitioner are that on 25-5-2012, eight containers containing goods of various description, imported at ICD, Tughlakabad, New Delhi, were illegally taken out from the custody of CONCOR on the basis of gate passes which were apparently bearing forged signatures of Customs Officers. The said containers contained one thousand imported air conditioners, more than 600 imported gas cylinders of R-22 refrigerant gas and 580 cartons (62,40,000 sticks) of imported cigarettes of Indonesian origin. The total value of the goods was worth more than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner was evading appearance before the investigating agency and also because of the alleged forgeries having been made in taking out the goods from the ICD. 5. Feeling aggrieved, the present petitioner has filed the second application for grant of anticipatory bail before this Court. 6. I have heard Mr. Nandrajog, the learned senior advocate appearing on behalf of the petitioner, who has vehemently contended that since the goods which are alleged to have been taken out from the ICD, Tughlakabad have been recovered, specimen signatures of the present petitioner have been obtained and sent for comparison with the questioned documents, no useful purpose would be served by denying the grant of anticipatory bail to the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of the aforesaid FIR by the Customs Authorities is mala fide only with a view to arrest the petitioner and subject him to custodial interrogation. It has also been lastly observed by the learned senior counsel that in the event of bail being denied to the petitioner, if at all, the petitioner is to be subjected to custodial interrogation, the order which has been passed by the Apex Court granting him the liberty to be interrogated in the presence of a counsel, should also be extended to the interrogation which is to be done by the prosecuting agency. 8. The learned APP for the State has vehemently contested the grant of the bail to the petitioner. It has been contended by Mr. Sharma, the learned APP that the investigations are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... because the goods have been recovered on the basis of the statements made by the driver of the vehicle, who had transported the goods or on the basis of the statement made by the co-accused, who had shifted the entire burden on to the present petitioner painting him as the main king pin who was indulged in these nefarious activities or that the Customs Authorities had obtained the signatures and the handwriting of the petitioner and sent for comparison, does not mean that the petitioner deserves to be granted anticipatory bail. The modus operandi of the offence is such that it will require a fair chance to be given to the prosecuting agency to investigate into the matter freely. In case, anticipatory bail is granted to the petitioner, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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