9911796707
TMI Blog2017 (10) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Applicant : Vivek Kumar Singh,Mayank Yadav For the Opposite Party : Sanjay Kumar Singh ORDER Hon'ble Harsh Kumar, J. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Shah Faisal, Sri Irfanul Huda, Advocate holding brief of Sri Rizwan Ahmad (Qureshi), learned counsel for the applicant, Munawwar Ali and Sri Sanjay Kumar Singh, learned counsel for the Directorate of Revenue Intelligence, Custom and Central Excise. The brief facts of the prosecution case are that as per information of Intelligence Officer, Directorate of Revenue Intelligence, Noida (hereinafter referred 'DRI') accused Javed Ahmad, partner of M/s Excel Enterprises, Moradabad, Shah Faisal, partner M/s Pacific Industries and M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n letter or other documents for import of foreign origin cigarettes which were all the brands of 'DJARUM BLACK', GUDANG GARAM' and DUNHILL. Upon investigation it was found that the partners of above firms namely, Javed Ahmad, Shah Faisal, Nazim Ali Khan, Munawwar Ali and Gulam Haidar do have nexus with each other and are involved in unauthorised import of foreign origin cigarettes without licence and without payment of requisite custom duty in the garb of import of scrap. It was found that by unauthorized import of foreign origin cigarettes and non-payment of custom duty, a financial loss of over ₹ 12,00,00,000/- (Twelve crores) has been caused to the government. Learned counsel for the applicant, Shah Faisal submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no duty is chargeable within the 'SEZ' area and no offence of evasion of custom duty is made out against the applicant under Section 135(1)(b) of the Customs Act, 1962; that the applicant has not committed any offence and has no knowledge of the alleged import of foreign origin cigarettes in the premises of firm; that even in case of the alleged import, if any, Munawwar Ali, the power of attorney holder of applicant is responsible as he was looking after the day to day affairs of the company; that co-accused Nazim Ali Khan and Wasim Ahmad have already been granted bail by this Court, vide orders dated 19.7.2016 passed in Criminal Misc. Bail Application Nos. 36614 of 2015 and 29363 of 2015 respectively; that the offence is punishable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d contended that the applicants are in collusion with each other and undisputedly applicant-Shah Faisal is son-in-law of the applicant-Munawwar Ali who is his father-in-law; that both the applicants are in collusion with each other and they have committed the offence in a planned manner and have imported heavy quantity of foreign origin cigarettes under the cover of scrap material by giving incorrect description of goods imported and without any authority and without payment of requisite custom duty; that the applicant-Shah Faisal is partner of M/s. Pacific Industries and M/s. S.N. Metal Casting Exports (SEZ), Moradabad, while applicant-Munawwar Ali is partner of M/s. Pacific Industries; that both the accused have admitted the committal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 (twelve crores) to public exchequer by non-payment of excise duty; that it has been admitted by the applicants that the smuggled goods used to be loaded from Dubai by their associate Anwar; that the applicants are in collusion with each other and in order to seek bail are shifting liability of each other; that while applicant Shah Faisal has shifted all liabilities on his father-in-law and power of attorney holder, the applicant Munawwar Ali has not made any whisper in this regard; that due to alibi raised by applicant, Shah Faisal is false and can be looked into upon evidence during trial; that the applicant, Shah Faisal was active partner of firms and was looking after the business of firms very cleverly and allegations made against him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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