2023 (4) TMI 1436 - HC - Indian Laws

Revision challenging service under Section 160 CrPC dismissed; bail enlargement refused in large-scale cattle smuggling affecting economy

HC refused enlargement on bail in a revision challenging service of notice under Section 160 CrPC in a large-scale cattle smuggling matter involving ... Seeking enlargement on bail - service of notice under Section 160 of the Code of Criminal Procedure - cattle smuggling case involving hundreds of crores of rupees - HELD THAT:- This Court is perfectly aware of the direction made by the Hon’ble Supreme Court in Satender Kumar Antil [2022 (8) TMI 152 - SUPREME COURT]. However, there is an exception in relation to heinous offences having serious ramification on the economy of the Country. It is already recorded that the case pending before the Trial Court is commonly known as cattle smuggling case. Crores and crores of money were smuggled by illegally sending the cattles to foreign Countries. Therefore, this Court does not find any ground for admission of the instant revision - the instant revision is rejected. Accused named in the supplementary charge-sheet in Special CBI Case No. 01/2021 under Sections 7/11/12, Prevention of Corruption Act challenged a warrant of arrest dated 23.09.2022. Grounds advanced: principal accused was enlarged on bail; petitioner complied with a Section 160 CrPC notice; reliance on Inder Mohan Goswami, Aman Preet Singh, Siddharth and Satender Kumar Antil (2022) 10 SCC 51, the latter holding that offences falling within 'category-A offence' require that 'the Court is under obligation to first issue summons upon the accused' and then proceed to bailable or non-bailable warrants as prescribed. Court noted the matter involves a large-scale cattle smuggling scheme causing loss of 'crores and crores' to the economy and treated it as an exception for 'heinous offences having serious ramification on the economy of the Country.' Petitioner did not surrender after filing the charge-sheet; the trial court exercised discretion on the overall consideration of the case. Revision petition dismissed.