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TMI Blog2019 (4) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Authorities. It has also come on record from the FSL report and the transcription of the mobile conversation of the petitioner with Mohd. Khalid in Afghanistan about the dealings in crores of rupees, which may raise a serious concern about the national security or hawala transactions. There is no ground to grant the relief of anticipatory bail to the petitioner - petition dismissed. - CRM-M No.6862 of 2019 (O&M) - - - Dated:- 15-3-2019 - MR ARVIND SINGH SANGWAN, J. For The Petitioner : Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Shranav Katyal, Advocate Mr. Joginder Pal Ratra, DAG, Punjab. For The Complainant : Mr. Anshuman Chopra, Advocate (Sr. Standing counsel) ORDER ARVIND SINGH SANGWAN J . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsignment of apples, which was coming from Kabul, Afghanistan in a shipment, which was to be received by M/s. Universal Solutions, the proprietorship firm of the petitioner. Learned Senior counsel for the petitioner has submitted that the petitioner is in the business transactions with one Fazli Star Trading Company, Afghanistan through its representative Mr. Abid, who introduced the petitioner to one Harun Atal and the petitioner had imported cotton yarn from them. The aforesaid Harun Atal later introduced the petitioner to one Mohd. Khalid, Vice President of M/s. Amini Sadri Limited and the petitioner imported apples and pomegranates from Afghanistan and accordingly, M/s. Amini Sadri Limited sent 05 consignments to India on previous o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as given beatings as per his MLR (Annexure A1), which was recorded at 09:45 AM after the petitioner was released. Learned Senior counsel for the petitioner has also submitted that though the petitioner was medico legally examined by the Customs Officer at 06:30 AM in the morning, however, the petitioner could not give the details of the injuries sustained by him and while moving an application for re-examination at 08:20 AM, he has mentioned in the application that in the morning, when Dr. Neha had asked him about any injury, then due to hesitation, in front of a lady doctor, he could not disclose her about the injuries sustained by him on his buttocks. Later on, in the second MLR, 07 injuries were reported by the petitioner, which were in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities, ultimately, an application was moved before the Chief Judicial Magistrate, Amritsar under Section 104 of the Customs Act for procuring the presence of the petitioner by way of non-bailable warrants as he was evading the proceedings before the Customs Authorities in pursuance to the summons issued to him. It is only on this application that the Chief Judicial Magistrate, Amritsar has issued non-bailable warrants against the petitioner and thereafter, the petitioner filed an application for grant of anticipatory bail before the Additional Sessions Judge, Amritsar, which was dismissed vide order dated 31.01.2019 (Annexure P3). Counsel for the complainant has further submitted that there is sufficient evidence against the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... untry without the knowledge of the Customs Authorities though he had arrived in India on the same day when gold bars were recovered in the consignment. Counsel for the complainant has further submitted that even as per the forensic report of the mobile of the petitioner and other evidence on record, the custodial interrogation of the petitioner is required. It has also been submitted that it is well within the powers of the Customs Authorities to arrest a person under Section 104 of the Customs Authorities if sufficient evidence has come on record against a person. It is further submitted that the petitioner by causing selfinflicted injuries has created evidence to avoid arrest. Counsel for the complainant has relied upon the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Post, Attari, the petitioner evaded his appearance before the Customs Authorities. It is also not disputed that one person namely Mohd. Khalid came from Afghanistan to India on 05.12.2018 and returned back on 08.12.2018 and the petitioner did not inform this fact to the Customs Authorities as they had no knowledge that he is the person, who has sent the consignment because in the records, the petitioner has informed that he has a dealing with M/s. Amini Sadri Limited. It has also come on record from the FSL report and the transcription of the mobile conversation of the petitioner with Mohd. Khalid in Afghanistan about the dealings in crores of rupees, which may raise a serious concern about the national security or hawala transactions. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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