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        Central Excise

        2011 (9) TMI 780 - HC - Central Excise

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        Bail cancellation requires evidence of abuse of liberty or interference with investigation, not merely the seriousness of the offence. Bail cancellation in a Central Excise Act prosecution requires material showing abuse of the liberty already granted or a real likelihood of interference ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Bail cancellation requires evidence of abuse of liberty or interference with investigation, not merely the seriousness of the offence.

                              Bail cancellation in a Central Excise Act prosecution requires material showing abuse of the liberty already granted or a real likelihood of interference with investigation. The Bombay High Court noted that the accused had been examined by the Central Excise Officer, the earlier grievance about non-attendance had already been addressed by the Magistrate through exemption for treatment, and no evidence showed that custody was necessary to protect the inquiry. On that basis, the application for cancellation of bail was rejected and the existing bail order was left undisturbed.




                              Issues: Whether the bail granted to the respondent for an offence under the Central Excise Act, 1944 was liable to be cancelled on the ground that the respondent was an influential accused who could obstruct investigation and had allegedly failed to comply with the Magistrate's directions.

                              Analysis: The alleged offence was punishable under Section 9 of the Central Excise Act, 1944 and carried imprisonment up to seven years. The statutory scheme under Sections 13, 19, 20 and 21 of the Central Excise Act, 1944 was considered, under which an arrested person may be admitted to bail or forwarded to a Magistrate. The record also showed that the respondent had already been examined by the Central Excise Officer and that the earlier grievance regarding non-attendance had been dealt with by the Magistrate, who had granted exemption for treatment. No material was shown to establish that the respondent was abusing the liberty already granted or that detention in custody was necessary to protect the investigation.

                              Conclusion: The application for cancellation of bail was rejected and the order granting bail was left undisturbed.

                              Ratio Decidendi: Bail already granted will not be cancelled in the absence of material showing abuse of liberty or a real likelihood of interference with investigation, even where the alleged offence is treated as serious.


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                              ActsIncome Tax
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