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TMI Blog2017 (10) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... ral 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. S.N. Metal Casting Exports Special Economic Zone, Moradabad (hereinafter referred to as 'SEZ'). Nazim Ali Khan, partner M/s S.N. Metal Casting Export (SEZ), Moradabad, M/s Pacific Industries plot no. G-39 pocket A Phase-I, Pakwara, Moradabad, M/s S.N. Metal Casting Export G-48 pocket A Phase-1, Pakwara, Moradabad and M/s Excel Enterprises, 141 Daulat Bagh near Tara Building, Police Station-Nagfani, district-Moradabad and the syndicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Rs. 12,00,00,000/- (Twelve crores) has been caused to the government. Learned counsel for the applicant, Shah Faisal submitted that the applicant has been falsely implicated in the present case; that no incriminating article was recovered from his possession or on his pointing out; that nothing material was recovered from the premises in question in presence of applicant who had gone to Mumbai for a period from 22.3.2015 to 29.3.2015 and was not present at the place of alleged recovery on 24/25.3.2015; that witnesses of search and seizure are planted; that the statement of applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter 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 with a minimum imprisonment of one year and maximum imprisonment of seven years; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in jail since 18.6.2015. Learned counsel for the applicant-Munawwar Ali submitted that the applicant has been falsely implicated in the present case; that the applicant is an innocent person and carries great respect in the locality; that the applicant has not committed any offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment 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 offence by them in their voluntary statements under Section 108 of the Customs Act; that it is proved from the material on record that the applicants made a syndicate with co-accused persons, Javed Khan, Imran and Anwar etc. and used to import foreign origin cigarettes under the garb of import of aluminum scrap; that various exemptions have been permitted to the industries established in 'SEZ'; that since the containers of alleged imported aluminum scrap were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 are contrary, false and incorrect; that bail application of Javed Ahmad Khan has been rejected by this Court vide order dated 19.7.2016 in Crl. Misc. Bail Application No. 36608 of 2015; that the allegations of alleged illness of applicant-Munawwar Ali are false and incorrect; that the case of applicants is not identical to that of Nazim Ali Khan and Waseem Ahmad; that the statements of applicants under Section 108 of the Customs Act, 1962 has been given by them voluntarily ..... X X X X Extracts X X X X X X X X Extracts X X X X
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