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TMI Blog2022 (7) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... sheet and order of cognizance and summoning and non-bailable warrants issued against him, is avoiding appearance before the trial court. The matter falls within the category of economic offence. In the present matter, charge sheet has been submitted on which cognizance has been taken and the applicant has been summoned to face trial. The present anticipatory bail application under Section 438 Cr.P.C. is rejected. - CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 17207 of 2021 - - - Dated:- 6-7-2022 - Hon'ble Samit Gopal , J. For the Applicant : Anil Kumar Tripathi, Arun Kumar Pandey For the Opposite Party : A.S.G.I.,Sanjay Kumar Yadav ORDER Hon'ble Samit Gopal , J. Heard Sri Arun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by them for imports at Chennai. No imports against the two other licences were noticed. The D.R.I., Chennai Unit had investigated the same against them covering the two imports licences which were utilized and show cause notice was issued by them on the ground of diversion of duty free import material in contravention of the provisions of DEEC Scheme and the Exim Policy. The said SCN has already been adjudicated by the Adjudicating Authority confirming the demand. Further in the light of the forged nature of Shipping Bills, the details were communicated to DRI, Chennai for further action at their end. The conclusion thus was that it appears that there was fraudulent availment of benefits under DEPBs and DEEC Schemes and there could be two g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gued that lodging of the F.I.R. is an illegal act in itself since the matter relates to evasion of custom duty. The proper forum was of filing a complaint and not of an F.I.R. The Custom Act is a complete Code in itself and takes care of every eventuality during the course of business and as such proper remedy was to file a complaint and not lodging of an F.I.R. It is argued that the Apex Court in the case of Siddharth Vs. The State of Uttar Pradesh and another, in its order dated 16.8.2021 passed in Criminal Appeal No. 838 of 2021, has in specific words, held that after filing of charge sheet the arrest of the accused is not needed. The same has, later on, been followed in various other cases and the case of the applicant is squarely co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds were credited in the account of the Firm against purported exports shown against the shipping bills. The signature on BRC's have been proved by the concerned Bank officers. The bills of lading being six in number all dated 3.3.2001 purportedly issued by M/s Hapag Lloyd to the firm of the applicant have neither been issued by their company nor by their agent on behalf of their company. The said bills of lading are bogus documents. General Manager, M/s Forbes Co. Ltd. used to issue bills of lading on their behalf also revealed that four bills all dated 19.3.2001 purportedly issued by their company, had neither been issued by their company nor have ever dealt with the export consignment of this firm nor bills of lading. The said docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicant does not deserve any sympathy from this Court and as such the prayer for anticipatory bail be rejected. After having heard learned counsels for the parties and perusing the record, it is evident that the present F.I.R. has been lodged for cheating, using forged documents as genuine, forging documents and gaining undue monetary benefits thereby causing loss to the State Exchequer to the tune of about Rs. 17 Crores. The matter was investigated thoroughly and charge sheet has been submitted, on which cognizance has been taken by the concerned court. The applicant in spite of knowing of filing of charge sheet and order of cognizance and summoning and non-bailable warrants issued against him, is avoiding appearance before the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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