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2008 (4) TMI 326

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..... ₹ 50,000/- with one surety in the like amount to the satisfaction of the Arresting Officer. - 703/2008 - - - Dated:- 10-4-2008 - H.R. Malhotra, J. [Judgment]. - Petitioner seeks anticipatory bail as he apprehends arrest by the Directorate Revenue Intelligence-customs officials for commission of offence punishable under Section 135 of the Customs Act. 2. It is the case of the Directorate that on receipt of specific intelligence that certain importers had been indulging in import of electronic goods by mis-declaration, the officials of the Directorates Intelligence examined the records of five companies, viz, M/s. Nirvana Trading Co. Delhi, M/s. Amry Trading Co. Pvt. Ltd. Delhi, M/s. Gracia International, Delhi, M/s. R.B. E .....

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..... hile his statement was recorded under Section 108 of the Customs Act where he categorically admitted that such goods were imported by him and he was prepared to pay the customs duty including penalty. Learned senior counsel for the petitioner further stated that Ajay Sharma has since been released on bail by the court of Sessions. 5. To meet the arguments of learned counsel for the petitioner, learned Additional Solicitor General urged that statement of the Rajaram Yadav was recorded under Section 108 of the Act where he categorically admitted that the consignment belonged to the petitioner. 6. To repudiate such arguments, learned counsel for the petitioner referred to the application seeking judicial remand of co-accused Rajaram Yadav .....

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..... rime as during investigation it came to the notice of the department that the said firms belonged to the petitioner and on scrutiny of the petitioner's statement of account with the Standard Chartered Bank it was revealed that in the year 2005 a cheque was obtained for a sum of Rs. 2 lacs and it was noticed that such cheque was issued in favour of M/s. SKD Shipping Agency and on enquiry it was found that they had received the said payment towards Customs clearance of M/s. Rahul Industries, a proprietary firm of the petitioner. 10. I have heard learned senior counsel for the petitioner and also learned Additional Solicitor General of India. In order to bring the petitioner in the net of evasion of customs duty, investigators must show some .....

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