9911796707
TMI Blog2023 (3) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... se of the applicant is similar to that of co-accused, who have been granted bail and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. Another, [ 2022 (8) TMI 152 - SUPREME COURT ], the Court is of the view that the applicant has made out a case for bail. The bail application is allowed, subject to conditions imposed. - CRIMINAL MISC. BAIL APPLICATION No. 2158 of 2023 - - - Dated:- 20-3-2023 - Hon'ble Deepak Verma , J. For the Applicant : Ashutosh Singh,Kamal Krishna Roy,Siddharth Shukla For the Opposite Party : A.S.G.I.,Dhananjay Awasthi,G.A.,Krishna Agarawal ORDER Sri Dhananjay Awasthi, Advocate, who is appearing on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he imported goods were allowed for movement without payment of customs duty from one warehouse to another warehouse on the basis of the bond executed by the importer. Accordingly, after necessary approval from the proper officer regarding the above movement of goods, the 'Out of Charge (OOC)' was accorded on 10.06.2022 to the BOE by the Superintendent (Shed) for specific purpose. Sri Gautam Bose the concerned Executive of M/s Transworld Terminal Dadri Pvt. Ltd. Dadri, Gautam Budh Nagar vide letter dated 27.06.2022 informed that the consignment, which had been given OOC, has not been received at the destined place i..e Customs Bonded (Public) Warehouse, Survey No. 26/1, Post and Village Chirvat, Bombay Goa Road, Panvel, District Raig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate appearing for the Custom Department has vehemently opposed the bail application and submitted that the applicant is involved in fraudulent diversion of the imported betel nuts with deliberate and wilful intent to evade payment of customs duty. In para-25 of the counter affidavit it is stated that from the very beginning, the applicant- Jagdish Awasthi, who was deputed in maintenance was instrumental in the clearance of the imported goods. He had visited the ICD, Dadri along with Mohd. Jahas on 11.05.2022 and they along with Vijay Ray planned the fraudulent diversion of imported goods. He also submitted that the applicant took the delivery of the diverted goods from one of the main accused Mohd. Jahas, was arrested on 03.08.2022 and cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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