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TMI Blog2023 (5) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... ore leaving the NCR for any purpose - HELD THAT:- The violation of this condition has not been disputed by Ld. Defence counsel. It is submitted by Ld. Defence counsel that on one occasion, due to medical urgency in the family of the accused, he left to Raxaul but at the same time, it has also not been disputed by the IO that on several occasions, in compliance to the notice of the IO, respondent/accused has joined the investigation. On the violation of this condition for once only, warning at this stage would be sufficient to the respondent/accused as the present case has not been the case of repeated violation of any such condition. Engagement in any similar offence or temper with any evidences of influence any witness in the present case - HELD THAT:- On being enquired from the IO about the destruction of the mobile phone and information contained therein, it is submitted that this instance of destruction of evidence is prior to passing the bail order dated 02.02.2023. Nothing of this sort has surfaced or has been alleged against the respondent/accused after passing the impugned bail order - it is clear that no such condition has been violated from the side of the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sses; he has not cooperated with the investigating agency and lastly, he has not refunded the amount of Rs. 18 crores to the department as directed. Reliance is placed by applicant on Pool Pandi etc v. Superintendent, Central Excise and Others 1992 AIR 1795. 3. In response to the present application, Ld. Counsel for the respondent/accused has submitted that present application is an abuse of process of law and the same has been filed without any legally tenable grounds for cancellation of bail and no where any condition of the bail has been violated by the accused. Rather accused has joined the investigation and also provided the relevant and necessary details to the IO as and when sought from him. 4. In view of the arguments advanced by both the parties, condition wise observation is as follows : CONDITION NO. 2: ACCUSED SHALL DEPOSIT HIS PASSPORT WITH THE INVESTIGATING OFFICER. 5. It has been alleged that no Passport has been submitted by the respondent/accused during the investigation as directed by Ld. Predecessor in the bail order. 6. In response to the same, Ld. Counsel for respondent/accused has submitted that Passport of the accused has expired in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lars of the witness, who has been tried to be influenced by the respondent/accused with respect to the investigation of the present case, has been disclosed. So far as accused Manish is concerned, who is co-accused in the present case, cannot be categorized as witness to the case of the prosecution. Although, Ld. SPP has submitted that in the present case, against co-accused Manish, complaint has not been filed till date. Although, it has not been disputed that he has been arrested in the present case and has already been enlarged on bail. Therefore, he cannot be categorized as witness in the case of the prosecution but infact he is the accused in the present case. 13. It is also submitted that accused in his statement dated 20.02.2023 and 21.02.2023 has stated that he had intentionally destroyed the evidence such as his mobile phone wherein there were whatsapp chats, emails etc related to M/s Harsha International and refused to produce the same and he also stated that he had formatted his mobile phone and sold his mobile phone to a Nepali citizen. 14. On being enquired from the IO about the destruction of the mobile phone and information contained therein, it is submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail order which reads as follows: Lastly, without going into the merits, counsel for the accused submitted that the entire refund received by the exporter for the intercepted shipment amounting to Rs. 18 Crores will be reversed back to the Department, of course, without prejudice to rights and contentions of the accused and subject to further orders of the court or depending on the way the claim of the Department pertaining to the intercepted shipment is decided. The said act would secure the Department vizaviz the entire shipment intercepted by it... 21. It is submitted by Ld. Defence counsel that amount of Rs. 18,19,63,214/has already been debited against GST Registration Number of his firm M/s Harsha International and the said entry is dated 02.02.2023 and this condition was complied with only after passing of the bail order. Copy of the said payment has also been furnished alongwith reply to the present application. Although IO has disputed the same but there is no denial of the fact that the said entry of Rs. 18,19,63,214/has been made against GST Number of the firm M/s Harsha International. Ld. Counsel for the respondent has submitted that the said entry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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