9911796707
TMI Blog2016 (7) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... at Bag near Tara Building, P.S. Nagfani, Moradabad, which was a partnership firm run by one Javed Ahmad Khan 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, enquiry was made with regard to smuggling of foreign origin cigarettes by the officers of DRI, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d against the applicant, which itself shows that the custom authority are not making any allegation of smuggling against the applicant. It is next contended that the applicant is a peace loving person with no criminal antecedent and that no useful purpose would be served in keeping him behind bars. The applicant undertakes full cooperation with the investigation or trial, which may be conducted against him. Sri Sanjay Singh, learned counsel for the Union of India has stated that specific intelligence information was received that one syndicate has smuggled huge quantity of foreign origin cigarettes in the guise of genuine import of scrap and other goods. The intelligence also indicated that Javed Ahmad (partner of M/s Excel Enterprises), S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Noida, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:- 1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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