9911796707
TMI Blog2024 (6) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of 108 of the Customs Act, 1962 does prima facie appears to be similar in nature, whereas the section is the power of the Gazetted Officers of customs to summon persons to give evidence and to produce document, whereas on the other hand, Section 41A relates to the duty of the Police Officer to issue notice to a person suspected of committing an offence to appear before him whose arrest is not required to be made. This Court is not inclined to deal with the said question in detail as this bail application may be considered even without considering the said issue, as from the materials available in the case diary, it appears that the investigation has fairly progressed and considering the period of detention already undergone by the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of voluntary statement made by the apprehended persons that it is the present petitioner who had loaded the said poppy seeds and pepper seeds in the intercepted truck. 5) Further, on 03.02.2024, the DRI, Aizwal Regional Unit seized 78 bags of black peppers of foreign origin weighing about 3510 kgs from the godown of the present petitioner located at Aizawl, Mizoram. Thereafter, on 18.02.2023, the present petitioner was arrested. 6) Learned counsel for the petitioner has submitted that the petitioner has been arrested only on the basis of statement of the co-accused persons as nothing was seized from his possession. 7) Learned counsel for the petitioner has also submitted that the maximum punishment which may be imposed for an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d whereas the maximum period of detention for an offence under Section 135 and 112 of the Customs Act, 1962 is only 60 days under Section 167 of the Code of Criminal Procedure, 1973. Therefore, considering the period of detention already undergone, the counsel has made a prayer for allowing the petitioner to go on bail. 12) On the other hand, learned Standing Counsel, DRI has produced the case diary of D.R.I. Case No. 23/CL/IMP/PS BP/DRI/GZU/2023-2024 and has submitted that a huge quantity of poppy seeds and black pepper seeds were recovered in this case and evasion of the custom duty in this case is to the tune of more than Rupees One Crore. 13) It is also submitted by learned Standing Counsel, DRI that for an offence under Customs Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he section is the power of the Gazetted Officers of customs to summon persons to give evidence and to produce document, whereas on the other hand, Section 41A relates to the duty of the Police Officer to issue notice to a person suspected of committing an offence to appear before him whose arrest is not required to be made. 19) However, this Court is not inclined to deal with the said question in detail as this bail application may be considered even without considering the said issue, as from the materials available in the case diary, it appears that the investigation has fairly progressed and considering the period of detention already undergone by the present petitioner, i.e. 52 days, his further custodial detention does not appear to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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