9911796707
TMI Blog2016 (7) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... bad, 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 six accused persons including the applicant 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 the applicant was not named as accused in the present case crime and his name came into light in the confessional statement of co-accused after three months of the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation, the authority concerned filed complaint to prosecute the applicant; that no show cause notice was issued against the applicant under Section 124 of Custom Act till date. It is further contended that only penalty is sought to be levied upon the applicant not the custom duty, which also shows that the Custom Department itself is not levelling charge of importing foreign origin cigarettes against the applicant. It is further contended that all the witnesses except three are government official and if the applicant is released on bail, there are no chances of tempering with the evidence or of pressuring the witnesses. Learned counsel for the applicant has drawn attention of this Court to annexure-4 to the affidavit and has cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is further contended that no useful purpose would be served in keeping the applicant behind bars and he is always willing to cooperate with the investigation or trial, which may be held against him, therefore, it is prayed that he may be enlarged on bail. It is further contended that as per the arrest memo co-accused Shah Faizal, who is also a partner of M/s S.N. Metal Casting Exports had stored the foreign origin cigarettes valued Rs. 7,15,000/- by illegally importing the same. It is also contended that daily business of M/s S.N. Metal Casting Exports was being managed by Shah Faizal and Haji Munawwar Ali and both Shah Faizal and Haji Munawwar Ali are partners of M/s Pacific Industries, who had allegedly imported the alleged foreign c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was recorded on 17.6.2015 wherein he stated that he along with his partner Munawar Ali was introduced by 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. It is further contended that statement of applicant and statement of Javed Ahmed recorded under Section 108 of Custom Act would demonstrate their complicity in the alleged offence, which caused a loss of custom duty amounting to about Rs. 12 Crores, therefore, the offence under Section 135(1)(b) of Customs Act has been committed by the applicant. It is also contended that that the applicant, being a partner of M/s S.N. Metal Casting Export, from where the smuggled cigarettes wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout expressing any opinion on the merit of the case, let the applicant Nazim Ali Khan, involved in complaint case No.01 of 2015, under Sections132, 135(1)(A), 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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