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TMI Blog2016 (7) TMI 1368X X X X Extracts X X X X X X X X Extracts X X X X ..... a Building, P.S. Nagfani, Moradabad, which was a partnership firm run by the applicant and his brother Gulam Haider. Thereafter, on 18.8.2015 a complaint was filed before Special Chief Judicial Magistrate, Meerut by Union of India through Intelligence Officers, DRI of NOIDA against the applicant and five other accused under Section 132, 135(1)(a) and 135(1)(b) of Custom Act for taking cognizance and summoning the accused persons. Thereafter, statement of applicant was allegedly recorded under Section 108 of Custom Act on 17.6.2015. It is contended by the learned counsel for the applicant that as per the prosecution version the name of the applicant came into light during investigation and thereafter complaint was filed against the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een recorded by DRI Officials, was under pressure. It is further contended that M/s Excel Enterprises is not situated in special economic zone, therefore, no offence under Section 132, 135(1)(a) and 135(1)(b) of Custom Act is made out against the applicant. It is also contended that Haji Munnawar Ali had written a letter on 7.7.2015 stating that M/s Pacific Industries has imported the consignment of Aluminium Scrap and by mistake of the foreign supplier, foreign origin cigarettes were also sent and reference in this regard has been drawn to rejoinder affidavit filed on behalf of the applicant. It is next contended that even if the prosecution story is taken to be true, the seized foreign cigarettes were kept in the godown of M/s Excel Enter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Export and M/s Excel Enterprises, whereupon cartons of cigarettes of foreign origin were found stored in their premises. It is further contended that on the information received, on 15/16.4.2015, said consignment of foreign cigarettes was imported by M/s Pacific Industries was intercepted by DRI and on examination, it was found stacked with scrap comprising of motor engine parts and accessories. It is also contended that on account of aforesaid facts, summons were issued under Section 108 of Customs Act to the concerned persons for recording their statement. It is further contended that statement of Shah Faisal was recorded on 17.6.2015 wherein he stated that he along with his partner Munawar Ali was introduced by Waseem and his friends ..... X X X X Extracts X X X X X X X X Extracts X X X X
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