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TMI Blog2023 (12) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... hall determine the consequences of bail order, including the effect of non-execution of bail bond. The criminal application stands disposed off. - R. N. LADDHA, J. For the Applicant/CBI : Mr DP Singh, Special Counsel a/w Advocate Kuldeep S. Patil and Advocate Ranjeet H. Patil. For the Respondent No. 1 : Mr Karan Bhosale, Advocate. For the State : Mr AD Kamkhedkar, APP. ORDER By the present application, the applicant is challenging the judgment and order dated 25 February 2022 passed by the learned Special Judge, CBI, Greater Mumbai, disallowing the prayer of the applicant for an order under Section 267 of the Code of Criminal Procedure, 1973 (for short CrPC ), for the production of respondent No. 1/original accused in a case being investigated by the applicant. 2. The record indicates that a case has been registered as CBI/EOB/Mumbai being RC 0682017 E 0004 on 13.5.2017 against the Directors and proprietors of M/s Stelkon Infratel Private Limited, and twelve other entities and unknown others, as well as public servants under Sections 120-B read with 420 of the Indian Penal Code (IPC) and 13(2) r/w 13(i) (d) of Prevention of Corruption Act ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of multiple cooperative societies. 6. The accused entities imported low-value Chinese goods from Hong Kong, and cleared the consignment by filing a Bill of Entry for low values through the online mode in the EDI system of JNCH and NCH, BPT, Mumbai. The value of the imported consignment in USD, declared in the Bill of Entry filed for these entities, is very low. The EDI system of Customs assigns a unique automated serial number to each Bill of Entry of an entity. The Bill of Entry is a crucial document that must be submitted to the bank to send payment to the supplier of the imported goods. 7. The investigation has revealed that the accused persons were involved in a criminal conspiracy to send huge foreign remittances in USD illegally to Hong Kong. To achieve this, they prepared forged Bill of Entries for namesake entities with inflated high USD values of the consignment and other details in the same serial number. They also affixed forged seals and signatures of the Customs officer of JNCH and NCH, Mumbai. In addition, the accused persons prepared forged invoices of Chinese suppliers for high value and forged Bill of Lading to support the details of USD in the Bill of Entr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ither in his name or his wife. 11. The investigation has revealed that Mohd. Farooq, respondent No. 1/accused, was the chief architect of a massive fraud. He was assisted by his brothers and other accomplices, and together, they opened 200 bank accounts for the 13 entities in question. They sent huge Forex remittances and made namesake imports to sustain the image of the importer with banks to get his funds transferred as import payments. They had submitted a forged Bill of Entities and had remitted Rs. 2189.35 Crs. In 1175 instances to 178 foreign entities. The consequent duty loss to Custom is Rs. 657 Crs. 12. The investigation revealed that Mohd. Farooq, the first respondent/accused, along with his team, has been continuously threatening the prime witnesses of this case. It has been brought to notice that Mohd. Farooq has arranged false complaints and made false criminal cases against the witnesses at various police stations in Mumbai. Additionally, Mohd. Farooque has also threatened and manhandled officials of multi-State cooperative societies, banks and some CHAS. 13. On 22.4.2018, respondent No. 1/accused was arrested by ED, Mumbai, in connection with ECIR/MBZO/03/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seals of the Customs officer in the Bill of Entry, Bill of Lading, Chinese invoices etc., the reason and nature of the transaction between the Indian parties and the beneficiaries in Hong Kong. 19. The learned Counsel submitted that the order under Section 267 CrPC is made for the purpose of, inter alia, furthering the pending investigation. He submitted that the respondent No. 1/accused has been given liberty to attend to his ailing wife, which cannot be construed as being released on bail until he executes the bail bonds. Respondent No. 1 is still under the judicial custody of the Special Judge under PMLA. 20. It is submitted that the learned Special Judge has not considered the fact that this is a separate case registered at the instance of the applicant wherein they require the custody of respondent No. 1/accused to answer serious economic fraud committed by him. The investigation until now qua the respondent No. 1 establishes his complicity in the crime. 21. On the other hand, the learned Counsel for the respondent/accused submitted that the respondent/accused, by order of the Division Bench of this Court, dated 5.12.2023, in Criminal Writ Petition No. 1153 of 2023, g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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