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TMI Blog2015 (12) TMI 1700X X X X Extracts X X X X X X X X Extracts X X X X ..... itual offenders and the possibility of re-occurrence of offence of similar nature cannot be ruled out, particularly when red sandalwood has a lucrative market for smugglers and as per the details given by co-accused person, the Red Sanders of the value of 4-5 crores has been smuggled out of the India, the Court below is found to have committed error while granting bail to the accused respondents. The cancellation of bail applications filed by the petitioner are allowed - decided in favor of Revenue. X X X X Extracts X X X X X X X X Extracts X X X X ..... rch operation was conducted on 28-9-2013 by DRI at Delhi and Jaipur. 4. The search conducted at residential cum business premises of Mr. Anil Gadodia at Kedar Building, Old Subji Mandi, Delhi resulted in recovery of around 23.03 kgs. of red coloured wood and [75.9] kgs. of brown coloured wood, ₹ 14.5 lacs in cash and certain incriminating documents/laptop/CPU/pen drives, which were resumed for investigation. One Mr. Shiv Kumar Jogi, who came during the search at the residence of Shri Anil Gadodia to make the payment for the purchase of red sanders also inter alia stated that he had been purchasing Red sander wood from Shri Anil Gadodia in cash without any bills and the cash of ₹ 10 lacs recovered from him belonged to Mr. Gadodia for the red sanders he had sold him without bills. The cash of ₹ 10 lacs was also resumed under panchanama dated 28-9-2013. The cash amounting to ₹ 24.50 lacs and goods/documents, resumed on 28-9-2013 under panchnama, were later on seized under Section 119 of the Customs Act, 1962. 5. The search conducted at the godown of Mr. Gadodia at A-32, Wazirpur Industrial Area, Delhi, resulted in recovery of one exercise book marke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 135C of the Customs Act, 1962. Thereafter the investigation was commenced and during the course of investigation, the accused respondents were arrested on 29-9-2013 under Section 104 of the Customs Act, 1962 in connection with seizure of 14.25 MTs of red sanders at CFS Mundra from containers of M/s. Eurro Exports, Jaipur and produced before the Magistrate concerned on 30-9-2013, who sent them to Judicial Custody. They moved the bail application(s) u/s. 437 CrPC before the Court of Addl. Chief Metropolitan Magistrate, Economic Offences, Jaipur, but the same was/were dismissed vide order dated 1-10-2013. Thereafter they moved the bail application(s) under Section 439 CrPC before the Court of Addl. Sessions Judge No. 8, Jaipur Metropolitan, which was/were dismissed vide order dated 15-10-2013. Thereafter they approached this Court by way of filing the bail applications numbered S.B. Cr. Misc. Bail Application No. 11456/2013 titled Rameshwar Sharma v. Directorate of Revenue Intelligence, Jaipur and bail application numbered - S.B. Cr. Misc. Bail Application No. 11175/2013 titled Anil Gadodia v. Union of India through DRI. Both the aforesaid bail applications were dismissed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of the petitioners in previous transactions of illegal exports and to stop re-occurrence of similar activities in future, the petitioners are held not entitled to grant of benefit of bail. Resultantly, both these applications are, hereby, dismissed. 8. Thereafter they filed the bail applications before the Court of Addl. Sessions Judge No. 8, Jaipur Metropolitan, but the same have been allowed vide order dated 25-2-2014 and 12-5-2014 respectively. Against the said order, both these cancellation of bail applications have been filed by the petitioner. 9. Learned counsel for the petitioner has contended that investigation has been completed and charge sheet has already been filed against the present accused respondents, whereupon the court has taken the cognizance of the offences against the present accused respondents. He has further contended that a show cause notice under Section 124 of the Customs Act, 1962 proposing confiscation of the seized red sanders and marble slabs used for concealment of the same along with imposition of penalty on Shri Anil Gadodia and his associates has been issued on 24-3-2014. He has further contended that the order passed by the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es depiction as to how red sanders logs were sealed and packed between the marbles slabs. 12. He has further contended that red sander is commonly called Red sandalwood. It is common knowledge that this wood fetches exorbitant price in China and thus, has a lucrative market for smugglers to send this wood to China by adopting various unlawful means. 13. Hence, it is evident on the basis of these evidences that both the accused persons are habitual offenders and in order to prohibit re-occurrence of the offence of similar nature, the Coordinate Bench of this Hon'ble Court in its order dated 9-12-2013 passed in bail Application No. 11175/2013 observed that the accused respondents are not entitled for the benefit of grant of bail, and, therefore, enlarging the accused persons on bail by the court below is not only contrary to the facts, but also contrary to the verdict and findings given by the Coordinate Bench of this Court. He has further contended that investigation in another case of similar nature is pending and there is every chance of hampering the investigation and influencing the witnesses in another case booked at Delhi. He has further contended that the trial co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration all facts of the case. They have further contended that none of the conditions for recall of the bail do exist. In support of their contentions, they have relied on the following judgments/orders : (i) Smt. Uganti v. State of Rajasthan & Ors. - S.B. Cr. Misc. Bail Cancellation Application No. 9125/2013; decided on 22-1-2014 (ii) Aslam Baballa Desai v. State of Maharashtra - (1992) 4 SCC 272 (iii) Dinesh M.N. (SP) v. State of Gujarat - (2008) 5 SCC 66 (iv) Vimalben Ajitbhai Patel v. Vatslabeen Ashokbhai Patel - AIR 2008 (SC) 2675 (v) State v. Sanjay Gandhi - (1978) 2 SCC 411 (vi) Sami Ullaha v. Superintendent, NCB, AIR 2009 (SC) 1375 15. They have further contended that when two views are possible, the view which leans in favour of the accused must be favoured. They have further contended that it is easier to reject a bail application in a non-bailable case, than to cancel a bail granted in such a case. 16. They have further relied upon a decision rendered by Hon'ble Supreme Court in the case of Dolat Ram and Others v. State of Haryana reported in (1995) 1 SCC 349 and contended that rejection of bail in a non-bailable case at the initial stage and the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners are released on bail, they will indulge in similar activities and in order to prohibit re-occurrence of offence of similar nature, the accused respondents were not held entitled to benefit of bail. Thereafter the Chief Metropolitan Magistrate (Economic Offences), Jaipur took cognizance of the offences against the accused persons. After taking into consideration of the offences by the competent Magisterial Court, 2nd bail application was filed before the Trial Court, which was dismissed vide order dated 3-2-2014. However, the learned Court below allowed the bail application filed by the accused respondents under Section 439 CrPC vide his order dated 25-2-2014, ignoring the order dated 9-12-2013 passed by the Coordinate Bench of this Court dismissing the bail applications of the accused respondents. 21. It is relevant to mention here that co-accused Yodying had been granted bail by the Delhi High Court and thereafter he absconded. There is strong possibility that he has gone out of Country and so far as the other co-accused person Mayur Ranjan is concerned, the petition filed by him for converting the arrest warrnat into bailable warrant has been dismissed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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