2006 (2) TMI 64

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....iation, Thane since 1998. It is submitted that the applicant is an active social worker and a crusader against bribe and corruption. It is stated that the organization of the applicant was instrumental in fighting against the compounded levy on textile industry which was subsequently cancelled by the Central Government. It is alleged that the officers of Central Excise, Thane searched the premises of the applicant and, the records and the premises were seized by them on 6-8-2003. The allegation against the applicant was that the applicant was evading excise duty and was clandestinely removed the goods from his factory. It is alleged that the applicant was called to the office of the department to explain the transaction of the firm on more ....

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....Five to Rs. Six crores and, therefore, custodial interrogation of the application was found to be necessary and, therefore, sanction was granted by the Commissioner on 19-12-2005 and on the same day complaint was registered against the applicant. He submitted that, therefore, the submission made by the learned Counsel for the applicant that after the applicant had made an application for anticipatory bail, the sanction to prosecute him was obtained, is incorrect and false. He further submitted that though the applicant was summoned on 16 occasions, he had attended the office of Respondent No. 2 on only 6 occasions and even after the order was passed by this Court asking the applicant to report to Respondent No. 2's office, the applicant did....

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....rtment. In the affidavit-in-reply it has been stated that the officers, against whom the allegations were made, have been promptly transferred and, inquiry against them is still going on. It is stated that no concrete evidence has been found regarding the allegations which are made against the said officers. From the record it does appear that the investigation which is being made against the applicant is not merely on account of the complaints which are made by him in his capacity as the President of the said Association, but is made independently on the basis of material which has been found against the applicant. 5. Normally so far as provisions of Central Excises and Salt Act are concerned, by virtue of provision of Section 13(a) of ....