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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 ..... ingh JUDGMENT Heard learned counsel for the applicant and Sri Sanjay Singh, learned counsel for the Union of India. As per the prosecution story, an inquiry was being made with regard to smuggling of foreign origin cigarettes by the officers of Directorate of Revenue Intelligence (DRI), NOIDA, hereinafter referred to as 'DRI', against M/s Excel Enterprises, 141 Daulat Bag near Tara 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er partner Gulam Haidar in the connivance with the tenant, who had taken the premises on rent. It is next contended that the applicant is the patient of diabetes and hypertension and is advised transplant of knee and hip joints. Copy of prescription dated 20.2.2012, 7.6.2010 and 22.5.2010 have been annexed as Annexure-5 to the affidavit. It is next contended that the statement of applicant, which has been 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lligence also indicated that the applicant (partner of M/s Excel Enterprises), Shah Faisal (partner of M/s S.N. Metal Casting Export and M/s Pacific Industries, Nazim Ali (partner of M/s S.N. Metal Casting Export), Munawwar Ali (partner of M/s Pacific Industries) and Gulam Haider (partner of M/s Excel Enterprises) are involved, accordingly, Officers of DRI, NOIDA visited the premises of M/s S.N Metal Casting 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is further contended that the applicant is the partner of M/s Excel Enterprises, Shah Faisal, brother of the applicant, is also partner of M/s S.N. Metal Casting Export and Haji Munawwar Ali, father-in-law of Shah Faisal, is partner of M/s Pacific Industries and they had colluded for committing offence of smuggling foreign origin cigarettes. The applicant along with other co-accused persons were actively involved in smuggling the foreign origin cigarettes in contravention of Custom Act, thus, the bail application of the applicant has rightly been rejected. After hearing the learned counsel for the parties and after perusing the material on record, this Court is of the opinion that no good ground has been made out by the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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