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TMI Blog1989 (11) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... ip fasteners and almonds of U.S. origin and some brass ingots and crude ayurvedic drugs. It was also discovered that three more containers had arrived which were consigned to the same importer and which also purported to contain only aluminium scrap but on being examined, similar contraband goods were recovered from those containers as well. The value of the goods from the five containers came to be Rs. 1, 79, 91, 935/-. Statements of Shri B.S. Gandhi and Shri Sudhir Kumar, representatives of CHA, were recorded. No evidence was produced in support of any lawful importation of the said goods. Shri Azhar Ali, who, as proprietor of M/s. S.G. Combines, was also examined, stated that this import has been made at the instance of Parkash Jain, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence has been collected by the respondent which could connect the petitioner with the said illegal import and thus, the petitioner should be granted anticipatory bail. He has pointed out that no evidence has been collected in Delhi which is incriminating to the petitioner and thus, the petitioner should not be allowed to be arrested and humiliated unnecessarily in this case. 3. The learned counsel for the respondent has, on the other hand, argued that as the investigation is still in progress in a very heinous offence involving the economy of the country, the petitioner should not be granted anticipatory bail and he has made reference to a number of judgments in support of his contention. He has also pointed out that the petitioner had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o abort a case against an alleged economic offender. Ends of justice are not satisfied only when the accused in a criminal case is acquitted. The Community acting through the State and the Public Prosecutor is also entitled to justice. The cause of the Community deserves equal treatment at the hands of the Court in the discharge of its judicial functions. The Community or the State is not a persona non-grata whose cause may be treated with disdain. The entire Community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder maybe committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... least in this case to come to a different conclusion and refuse anticipatory bail to the petitioner when no new facts or material had been collected in investigation since the order granting anticipatory bail was passed by the Bombay High Court. The mere fact that a very serious and grave offence appears to have been committed by certain persons is not a sufficient ground to refuse anticipatory bail to the petitioner unless it is shown, prima facie, that the petitioner is also involved in commission of the said offence. 7. In the reply the respondent had made reference to the factum of petitioner having given an advance copy of the petition to Assistant Collector (T) where he later on changed the letter T' to letter 'P' so that the prope ..... X X X X Extracts X X X X X X X X Extracts X X X X
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