2016 (6) TMI 830

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....438 of the Code of Criminal Procedure, 1973, the applicants have prayed for enlarging them on anticipatory bail in the event of their arrest in connection with File No. DGCEI/AZU/12(4)144/ 2015-16, registered with Directorate General of Central Excise Intelligence, Ahmedabad Zonal Unit, Ahmedabad. 3. On March 15, 2016, as per the submission of the applicants, the officers of the respondent No.2 entered the factory premises and conducted search under the Central Excise Act, 1944 (hereinafter referred to as 'the Act'). Even at the residence of the applicant No.1, the search was carried out and the panchnama to that effect was drawn. A spot summons came to be issued on March 16, 2016 under section 14 of the Act upon the applicant No.2 and t....

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....isonment for a term which may extend to seven years and with fine if the duty leviable on the goods under the Act exceeds Rs. 1 crore, otherwise the offence is noncognizable, bailable and punishable with imprisonment which may extend to three years. 6. The respondent No.2 has powers to arrest under section 13 of the Act. Apprehending the arrest, the applicants approached the Sessions Court at Ahmedabad for anticipatory bail by way of Criminal Miscellaneous Application No.1284 of 2016. The Sessions Court rejected the same vide order dated April 19, 2016 and, therefore, the present application. 7. It is urged that the maximum punishment prescribed under the said offence is of seven years. The alleged offence is only on account of nonpay....

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....r rights to contend at an appropriate time in accordance with law to such proposal. He has also submitted that there is no dispute nor any objection qua the ongoing investigation. 12. Shri Hriday Buch, learned Standing Counsel, does not have any objection to such a proposal being accepted by the Court. 13. Having considered the submissions advanced by both the sides and the proposal put forth by the learned Senior Counsel as also the material on record, especially when the learned Standing Counsel has no objection to such proposal, this Court is of the opinion that such proposal deserves to be accepted on certain stringent conditions. 14. In view of aforesaid, the applicants are ordered to be released on anticipatory bail in the ev....