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TMI Blog2010 (12) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... imited for conversion of the same into MS Billets. 3. According to the Petitioner, M/s.Jai Bhawani Steel Enterprises Limited stored its materials to the tune of 29667.639 MTS at the bonded warehouse. The Company already submitted advance license to the Assistant Commissioner of Customs, Bond Department, Chennai for the clearance of the said materials along with a letter dated 18.1.2010. M/s. DDS Steel Rolling Mills Pvt. Limited also filed ex-bond bills of entry to the tune of 375.3880 MTS. There was some delay in the clearance, for which the Company had been corresponding with the Assistant Commissioner of Customs (Bond Department) Chennai. 4. It is the case of the Petitioner that the Respondent, suspecting that there had been diversion of scrap billets, plate, etc., has initiated proceedings and sent a notice under Section 108 of the Customs Act, 1962 to the Petitioner calling upon him to appear before the Respondent on 18.11.2010 at 11.00 a.m. There has been no violation of any of the provisions of the Customs Act, 1962 and M/s.Jai Bhawani Steel Enterprises Limited has got a valid license to carry on it activities. In the said circumstances, the Petitioner, apprehending arr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner requested for clearance of the goods under advance license and had filed an appeal, their request had been rejected. 7. The Respondent further stated that there should be totally 45291.469 MTs of various types of materials such as steel billets, secondary plates, shredded scrap, heavy melting scrap, light melting scrap, turning and boring scrap, etc. valued at ₹ 76,47,33,854/- available in the two bonded warehouses. After making the preliminary estimates of quantity supposed to be available, on 2.11.2010 the Respondent along with his team went to the customs bonded warehouses of the said Companies in which the Petitioner is the Managing Director and prepared observation and quantification mahazars based on visual inspection. The approximate quantity available for M/s.Jai Bhawani Steel Enterprises Limited was found to be as follows:- i. Only about 50 container loads (about 1021 metric tonnes) of light melting scrap consisting of crushed car bodies scrap in pressed bundles valued at ₹ 1.22 crores were available, as against 6356 MT valued at ₹ 7.61 crores declared. Thus in the light melting scrap category about 5335 metric tonne ( about 261 containers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fully missing 38 15560762 5073276 5 Heavy melting scrap 4375.959 Nil Fully missing 236 59260758 11315129 6 Shredded scrap 2258.355 Nil Fully missing 85 32059937 6234605 7 Utcb (tin plate cans) 85.780 Nil Fully missing 2 1000725 194608 8 G111 shredded scrap 2114.794 Nil Fully missing 82 62304227 7991569 9 Bushings 219.060 Nil Fully missing 10 2772713 355647 10 Tin plate cans 282.330 Nil Fully missing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 25.55 crores and the total duty evaded on the missing goods is ₹ 3.84 crores approximately. The details of material as per the records, the actual estimated, the missing and apparently illegally removed quantities are given below:- S. No Description Total Declared Qty (MT) Available Qty (MT) Missing Qty (MT) Missing Containers Value of missing goods Duty evaded 1 Light melting scrap 4300.169 1715.49 2584.68 113 43346116 8175455 2 Used tin can bundles (UTCB) 703.060 520.78 182.28 7 2795542.04 543640.75 3 Turnings and borings 1111.610 1111.61 Nil (fully available) 44 16990823 Nil 4 Shredded scrap '5249.988 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em as they have illegally removed the goods. 11. This court heard the rival submissions of the learned counsel on either side and also perused the materials placed before this court. 12. Section 62(2) of the Customs Act, 1962 reads as follows:- No person shall enter a warehouse or remove any goods therefrom without the permission of the proper officer. 13. The Petitioner, who is the Managing Director of the two Companies, namely, M/s.Jai Bhawani Steel Enterprises Limited and M/s.SDS Steel Private Limited, is alleged to have removed the goods without the permission of the proper officer. As per Section 68 of the Customs Act, 1962, bonded goods shall be cleared from the warehouses only on filing a bill of entry for home consumption on payment of duty, penalty, rent, interest and other charges in respect of such goods and an order for such clearance has to be made by the proper officer. The allegation against Petitioner in this case is that the said two Companies, in which the Petitioner is the Managing Director, have not filed ex-bond bills of entry within the stipulated time and they have not paid any of the duties, interest, etc. and no order for clearance of the good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or penalty under Section 112(a) of the Customs Act, 1962. It is further submitted that the Respondent made attempts to meet the Petitioner by visiting to his Office premises at No.91, (Old No.44) 2nd Floor, Armenian Street, Chennai-1 and 6H, Century Plaza, 560/562, Anna Salai, Teynampet, Chennai and both the premises were found vacated and that neither the Petitioner nor his family members were available at the residence of the Petitioner. It is also submitted that the Petitioner had ceased all operations at their factory and bonded premises at No.2/220, GNT Road, Panjetty Village, Ponneri Taluk. The summons dated 11.11.2010 and 22.11.2010 issued on two occasions were not responded by the Petitioner pleading illness and from 29.11.2010, the Petitioner is absconding. 18. The learned Special Public Prosecutor would submit that a prima facie case is shown and when the offence is of serious nature, the question of granting or not granting anticipatory bail has to be decided keeping in view the nature of serious of the offence, the character of the evidence and the larger interest of the public and relied on the decisions reported in AIR-1990-SC-625 [State of Maharashtra Vs. Anand Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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