2006 (12) TMI 11

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....raudulently obtained and diverted the same in the local market. In other words, there is a violation of provisions of Customs Act, 1962 and Import policy. 2.Applicant was produced before the learned Addl. Chief Metropolitan Magistrate (ACMM for short) on 24-11-2006 and his remand was sought, inter alia, on allegation that he procured IEC from other arrested persons and imported large number of Fabrics at Tuticorin Port which were cleared duty free against actual user condition. Applicant's application for bail was rejected on 25-11-2006. Applicant was remanded to judicial custody till 4th December, 2006. 3.A second bail application was also filed on 27-11-2006 but it is withdrawn. 4.The submission of the learned counsel appearing f....

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....icant in the trial court and contended that a solemn statement was made therein that entire duty/liability would be cleared. However, despite being aware of the alleged duty/liability the same is not paid. That apart, according to Shri Lambay, it is contended by the Revenue all throughout that offences under Customs Act and more particularly Section 135(1)(ii) thereof cannot be held to be bailable. He submits that the scheme of act is such that it would not be proper to hold that the offence alleged is bailable. He submits that there are several aspects of the matter, which have not been considered by either this court or Punjab and Haryana High Court and merely because the Supreme Court declines Special Leave to Appeal, it does not mean th....

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....binding upon it. Merely because some arguable point is raised it is not possible to ignore a binding precedent. Judicial discipline and propriety demands that another learned Single Judge of this court should follow the prior view unless it is shown that the same is per incuriam. That aspect has not been highlighted. Even otherwise, the matter being pending before the Supreme Court, it would not be proper to brush aside the judgment of the learned Single Judge. More so, when it is followed by Punjab and Haryana High Court and a Special Leave Petition from its decision is summarily dismissed. I would therefore proceed to decide the matter on the touch stone of the law laid down by the learned Single Judge of this Court (Shri Khanwilkar, J.) ....