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TMI Blog2019 (6) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. The applicant is ordered to be released on regular bail for the alleged offences under the Customs Act, on executing a personal bond of ₹ 10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions imposed - application allowed. - R/Criminal Misc. Application No. 20622 of 2018 - - - Dated:- 7-12-2018 - A.Y. Kogje, J. Shri Chetan Pandya with Niyati D. Chauhan, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said proceedings, when the so called sample base oil was analyzed, the report of the Laboratory of Indian Oil Corporation indicated that the sample did not have the characteristic of HSD and the product, whether is HSD, can be ascertained by the test parameters of flash point . In the report of IOC, the flash point being 122 unit, will take the product beyond doubt from the category of HSD as the prescribed norm for flash point of HSD is 1460 : 2005 unit. It is submitted that when prima facie, the product is not HSD, the Department has, for oblique reasons, continues to treat such product as HSD to maintain the prosecution and departmental action against the applicant. 3.2 It is submitted that from the record, it cannot be contro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scam of huge magnitude wherein prohibited goods-HSD under a wrong classification is being imported and sold in open market. 4.1 Learned ASG submitted that in case of another importer of the same goods, to which reference is made by the applicant, the said petition has been disposed of only with a direction to consider the representation of such importer after accurate facts with regard to analysis report of the sample was brought to the notice of the Court. It is submitted that over and above the report of IOC, the Department is having analysis report of CRCL and after analysis, a clear-cut opinion has come on record that the so called base oil imported is definitely HSD. It is submitted that there is no product which can be classi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of the respective parties do not press for further reasoned order. 10. This Court has also taken into consideration the law laid down by the Hon ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 11 SCC 40. 11. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 12. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with an offence registered under D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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