9911796707
TMI Blog2007 (7) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... account of adjournments sought on behalf of the petitioner shall not count towards this six months period. - 820 of 2007 - - - Dated:- 23-7-2007 - B.N. Chaturvedi, J. [Judgment]. - The petitioner faces prosecution under Section 135 of the Customs Act for alleged evasion of customs duty to the tune of Rs.1.27 crores. 2. The petitioner, as proprietor of M/s Pioneer Soap and Chemicals, imported Crude Palm Oil (non-edible grade) for manufacture of washing soap at concessional rate of customs duty during the period of 13th January, 2005 to 11th August, 2005 against 6 bills of entry. He thus against 65% of normal customs duty, while seeking exemption in respect of six consignments of imported raw material, deposited in cash duty at c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rawal, senior counsel, appearing for the petitioner, argued that out of the amount of alleged evaded customs duty to the tune of Rs. 1.27 crore, apart from deposit of duty in cash at concessional rate of 20%, 10 lakhs have been deposited by the petitioner on being pressurized in that regard and FDRs for Rs. 11 lakhs being already with the complainant, there is only a difference of Rs. 20/21 lakhs. He contended that on completion of investigation a complaint has already been filed before the Court concerned and thus keeping the petitioner in confinement is not likely to serve any useful purpose. Referring to a single Bench decision of the Bombay High Court in Sangit Krishna Kumari Agrawal v. Union of India and Ors., 2007 (79) E.L.T. 110 (Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment Scheme and was obliged to maintain a simple account in respect of receipt and consumption of imported goods to produce the same before the authority concerned as and when required. It was only later in the course of investigation, discovered that the records, which were produced in respect of aforesaid four bills of entry, were actually false and fabricated ones as instead of using the consignments in question for manufacture of washing soap, the same were actually found to have had been diverted by the petitioner to Ghee manufacturers in U.P. and Haryana. In this connection, learned counsel for complainant referred to statements of transporters, consignment agents and reports of jurisdictional Central Excise Authorities. Learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easonable apprehension of petitioner tampering with the evidence by intimidating, pressurising or influencing the public witnesses keeping in view his past conduct. Learned counsel submitted that to ensure that the trial is speeded up, the matter may be directed to be taken up on day to day basis and concluded within a specified time frame. Learned counsel sought to assure that for complainant only two effective dates would suffice to conclude its pre-charge evidence. 7. Adverting to the individual points raised in support of plea for bail, the fact that against alleged customs duty evasion to the extent of Rs. 1.27 crores only a difference of Rs. 20/21 lacs remains recoverable from the petitioner is of little consequence in finding if th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of consignments thereof the same are shown to have, instead of being taken to the factory premises of the petitioner, been diverted to the ghee manufactures in U.P and Haryana, the records showing receipts of such raw material at factory premises and user thereof in manufacture of washing soap would prima facie render the genuineness and correctness of the records maintained by the petitioner questionable. Simply because in respect of import of raw material against four bills of entry out of six, on the basis of records produced by the petitioner, bonds and FDRs furnished against the same were discharged and released could not be a reason to brush aside contrary evidence that came to the notice of the prosecuting agency. Thus, in view of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition(s) for special leave to appeal (Crl.) No. 5369-5370/04, no sustenance to the aforesaid plea can be drawn from these decisions. 9. The petitioner is, no doubt, in confinement since 28th of February, 2007, his period of detention alone, however, in the given facts and circumstances, cannot supply adequate justification for his release on bail. 10. Economic offences consitute a class apart and need to be visited with a different approach in the matter of bail. Ever growing materialistic outlook setting unscrupulous elements on a prowl to maximise material gains by unlawful means, needs to be placed in shackles by appropriate legislative measures and judicial intervention if the interest of the public at large and the State are to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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