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TMI Blog2023 (11) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... is ready to cooperate for investigation and submit document which are available with him. Therefore considering that, it is just and proper to enlarge him on bail on certain terms and conditions. It is directed that accused be released on bail on fulfilment of conditions imposed - application allowed. - Addl. Chief Metropolitan Magistrate Pravin P. Modi ORDER ORDER BELOW BAIL APPLICATION 1. This application is preferred for bail. It is contended that, the applicant/accused was taken into custody by the customs for the offence under section 132, 135 (1) (a) of the Customs Act, 1962 and remanded to judicial custody. He has falsely implicated in the case and arrested without any reason. He is innocent and not committed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le customs duty. The actual year of manufacturing of the crane is relatively newer than the declared year of manufacturing which is evident from the copies of registration particulars of the imported cranes. They have filed 63 bills of entry during the period from 17.10.2018 to 16.10.2023 for clearance of 65 units old and used cranes of different make imported from China of which declared assessable value was Rs. 36,48,59,478/and the duty paid thereon was Rs. 10,12,18,265/. Those were registered with different transport authorities in the state of Gujarat, Haryana etc. They misdeclared the year of manufacturing and availed improper concession in depreciated value thereby caused loss of revenue. The same is done to pay lesser duty on depr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of Ld. Advocate for applicant/accused and Ld. Special PP Mrs. Punde at length. At the outset it is required to note that, applicant/accused was arrested on 17.11.2023 at about 13:00 hours under the provisions of Section 104 of the Customs Act, 1962 for the commission of offence under section 132, 135 (1) (a) of the Customs Act, 1962 and section 120B of the Indian Penal Code, 1860. The same is reflected from the copy of arrest memo submitted with remand application dated 17.11.2023 though there is over writing in the date and time mentioned in the remand application. In the reply to written submission it is submitted that, the same is inadvertent typographical error and the same was corrected in the remand application. Therefore though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entry. There is no dispute that, the assessment was done by the Chartered Engineer who issued certificate to that effect. But that is on the basis of year of manufacturing given in the bill of entry. It is found during the investigation that, the same is different in the documents given for registration of crane with RTO. 7. It appears from reply of respondent that, he was called by issuing summons on 21.06.2023, 12.07.2023, 08.08.2023, 26.09.2023, 20.10.2023 and 16.11.2023. But on 21.06.2023, 12.07.2023, 26.09.2023 and 20.10.2023 he not appeared before the authority though it is submitted that, the intimation was given by Email regarding nonappearance on those dates but no copy of any Email is submitted on record. Then also on 08.08.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used crane is based on the documents which are with respective RTO's and called by the prosecution. On behalf of applicant/accused it is submitted that, he is ready to cooperate for investigation and submit document which are available with him. Therefore considering that, it is just and proper to enlarge him on bail on certain terms and conditions. Hence from the above discussion, I pass following order : ORDER 1. Application is allowed. 2. Accused be released on bail on his executing P.R. Bond of Rs 2,00,000/( Rs. Two Lakhs only) with one or more sureties in like amount. 3. Accused be provisionally released on his furnishing cash bail of 2,00,000/( Rs. Two Lakhs only) in lieu of surety for 2 (two) months. 4. He shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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