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TMI Blog2016 (7) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... p Singh For the Opposite Party : Sanjay Kumar Singh (Spp) 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), NOIDS, hereinafter referred 'DRI', against M/s Excel Enterprises, 141 Daulat 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of which the applicant has been falsely roped in the present case due to ulterior motive. It is next contended that no confessional statement was ever given by the applicant and his name has come on the confessional statement of co-accused. It is further contended that the applicant has not even dealt with or sold the alleged foreign origin cigarettes and has remained in jail since 30.6.2015. No imposition of custom duty has been proposed 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 ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Waseem and his friends Imran and Anwar and also stated various roles played by Munawar Ali, Waseem, Imran, Anwar and Javed Ahmed and also mode of transportation. Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Waseem Ahmad, involved in case No.01 of 2015, under Sections 135, 135(1)(b) of Customs Act, police station D.R.I. 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 fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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