TaxTMI 
TaxTMI 
2015 (11) TMI 1603
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.... in their godown at Village Bakhtawarpur, New Delhi and further illicitly exporting from Delhi Port to Dubai and it was found that the illicit export of red sanders was attempted in the guise of genuine exports of 'Acrylic Bath Tubs and Bath Tub Accessories' under Shipping Bill No.0018327 dated 16.10.2014 to Sharjah, UAI in Container No. TTNU-3869887/20' under forged documents in the name of M/s. Aqua Plus Global, Plot No.3, NSEZ, Noida. It is also alleged that the present petitioner was knowingly indulged in the illegal export of Red Sanders and he was the active member of the smuggling racket and is involved in procuring, packing, transportation, storage, concealing, illegal export and dealing with the recovered red sander wood which show....
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....he intention of taking the same out of the country, if caught at a place other than the customs area, would not be liable to be punished under the Customs Act, though he may be liable for violating the provisions of the Foreign Exchange Management Act, 1999. It is further submitted that the petitioner is no more required for the purpose of investigation; pre-charge evidence is yet to be completed therefore, trial of the case may take long time as there are 38 witnesses are to be examined, and petitioner, therefore ought to be granted bail in the aforesaid case, especially when the other co-accused persons have already been granted bail by the trial court. It is further submitted that the petitioner is a permanent resident of Delhi and has f....
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....r and by learned Additional Public Prosecutor for the State and on perusal of the material placed on record, this Court is of the opinion that the petitioner does not deserve for grant of concession of bail at this stage, as: a. The petitioner is involved in stealing and smuggling of 54.7 Metric Ton Red Sander Wood valued at Rs. 23.3 crores, which is a very precious and scarce natural resource of the country. b. The writ petition (Crl.) No.1214/2015 filed by Smt. Bhawani Verma vs. UOI & Anr, in the matter of the detention order passed against Shri Deepak Verma (co-accused) under COFEPOSA has already been dismissed by the Hon'ble Delhi High Court vide its judgment dated 4.9.2015. c. The petitioner seems to be an active member of sm....