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TMI Blog1992 (5) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1962. The Misc. Criminal Application No. 1482/92 has been filed by the Assistant Collector of Customs, Ahmedabad, for the cancellation of the anticipatory bail orders, granted to the accused, S.B. Singh, opponent No. 1, by the ld. City Sessions Judge, Ahmedabad, in Misc. Crl. Appl. No. 571/92. 2. The Criminal Misc. Application No. 1366/92 was on the Board of this Court (M.S. Parikh, J.) on 7-5-1992 for hearing. The matter was adjourned but, the liberty was given to the petitioner-accused to file a note for fixing the hearing of the matter during vacation. It is, in this way, that the Misc. Criminal Application No. 1366/92 comes up for hearing. The Misc. Criminal Application No. 1482/92 is ordered to be heard along with this bail applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and on the strength of the said fraudulent challan he was clearing out the goods of larger quantity than that covered under the challan. It is alleged that petitioner-Arvind Khungar had, in this fashion, cleared the goods worth about Rs. 60 lakhs under the challans, belonging to M/s. J. Balaji Tubes, M/s. Gujarat Industries Corporation Ltd. and M/s. Ganpati Textiles and thereby he was able to cause the evasion of the customs duty in sum of Rs. 60 lakhs. The petitioner-Arvind Khungar was arrested by the Supdt., Central Excise for the alleged commission of the offences punishable u/s 135 of the Customs Act, 1962 and u/s 467 and 471 of the IPC. Petitioner-Arvind Khungar was produced before the ld. Chief Metropolitan Magistrate, Ahmedabad an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. Additional Public Prosecutor, has granted the said application by the orders dated 26th March, 1992 and the orders in nature of anticipatory bail have been granted in his favour. The abovesaid orders have become final. 7. Mr. K.B. Anandjiwala, the ld. Advocate who appears for the petitioner in Misc. Cril. Appl. No. 1366/92, has urged that the offence alleged to have been committed by the petitioner is u/s 135 of the Customs Act, 1962 and u/s 467 and 471 of the IPC and that the petitioner was working merely as a warehouse agent and that the goods belonged to different institutions or companies, namely, M/s. J. Balaji Tubes. M/s. Gujarat Agro Industries Corporation Ltd. and M/s. Ganpati Textiles Ltd. and that the abovesaid institutions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anticipatory bail to the accused and that looking to the gravity of the offences allegedly committed by the said opponent, the orders of anticipatory bail, already granted by the Court below, should be cancelled. The ld. Advocate Mr. Uraizee who appears on behalf of the opponent no. 1 has contended that after hearing both the sides, the Court below has granted the anticipatory bail and that this Court has also granted anticipatory bail orders in favour of Mr. Udayan Chinubhai in Misc. Crl. Appl. No. 824/92 by the orders dated 26-3-1992, and therefore, it would not be justifiable now to set aside the orders granted by the competent court after hearing both the parties. 9. It requires to be appreciated that the Customs Department have recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , M/s. Balaji Tubes Pvt. Ltd. have also accepted their liability. 10. The important aspect which requires consideration is the fact that Mr. Udyan Chinubhai has been granted anticipatory bail orders by this Court (Coram : B.C. Patel, J.) by the orders dated 16-3-1992, which, according to the ld. Counsel Mr. Abiehandani and the ld. PP, Mr. D.K. Trivedi, have become final. It is, therefore, clear that the owner of the goods who was required to pay the duty and to remove the goods, has been granted bail by this Court. The same can be said in respect of S.B. Singh also, who represents M/s. J. Balaji Tubes Pvt. Ltd. because, after hearing both the sides, the City Sessions Judge, Ahmedabad, has granted the orders in nature of anticipatory bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 13. Looking to the abovesaid facts and circumstances, the petition, filed by petitioner-Khungar, requires to be allowed and he requires to be enlarged on appropriate bail with necessary conditions. So far as Misc. Crl. Appl. No. 1482/92 of the cancellation of the anticipatory bail is concerned, it must be noticed that ho cogent ground has been made out by the Customs Department for the cancellation of the anticipatory bail, granted in favour of the opponent accused, S.B. Singh. It also requires to be taken into consideration that the orders granted by this Court (Coram : B.C. Patel, J.) dated 26-3-1992 have become final. 14. Therefore, the Misc. Appl. No. 1366/92 requires to be allowed and the same is hereby, accordingly, allowed. Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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