9911796707
TMI Blog2002 (4) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... The department investigated the case and has also asked its counter parts at Dubai for investigation whether the alleged material was exported. After investigation, it revealed that no money was received from abroad in 29 cases against 33 consignment. After completion of the investigation, a complaint under Section 135 of the Customs Act (hereinafter referred to as 'the Act') was filed for which the respondent is facing trial. 2.Respondent was allowed pre-arrest bail vide order dated 24-7-2001 passed by the Sessions Judge, Amritsar. While allowing bail, one of the conditions imposed was that respondent shall not leave India without prior permission of the Court and shall surrender his passport before the Customs authorities. 3.The respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dubai for the purpose of his business but the purpose of the respondent to visit Dubai is that he may be able to tamper with the evidence. 6.On the other hand, Mr. R.S. Ghai, Senior Advocate appearing for the respondent submits that respondent is partner in firm of M/s. A.T.M. Forgings, which is engaged in the manufacture and export of hand tools. He further submitted that this firm is a 100% export oriented unit. He pointed out that therespondent has received an order from Dubai and he has sent the proforma invoice to its buyer. He contended that the respondent is to visit Dubai in connection with his business dealings. He undertook to come back to India. He submitted that the passport is with the respondent (sic). It was not released. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing this condition. So, on this ground that the petitioner is to visit Dubai in connection with the business dealings can not be modified and the respondent cannot be allowed to visit Dubai. Furthermore, as per the petitioner the investigation is still going on in Dubai. If the respondent is allowed to visit there, there are every chances that he may be able to tamper with the evidence and may influence witnesses there. The learned Sessions Judge while allowing the application of the respondent to visit Dubai has not taken into consideration all these facts and circumstances in right perspective and has allowed the respondent to visit Dubai without taking into consideration the seriousness of the offence. 10.For the reasons recorded above, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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