TaxTMI 
TaxTMI 
2015 (12) TMI 1700
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....acting at the behest of one Mr. Lin of Chinese origin. Mr. Mayur Ranjan @ Vijay was the person, who was coordinating between Chinese/Thai persons and Mr. Anil Gadodia. The aforesaid intelligence was further processed and it was found that the export of red sanders to Mr. Lin is being done through the accused respondent Rameshwar Sharma of M/s. Eurro Exports, Jaipur, who is a marble exporter by concealing the same in the export consignments of marble. 3. Acting upon the said intelligence, a joint operation was planned by DRI at Delhi, Jaipur and Gandhidham. Accordingly, at Mundra Container Freight Station, five containers bearing No. OOLU 1353571, GESU 3745115, TCLU 2021818, OOLU 3797929 and TCKU 2993598 attempted to be exported by M/s. Eurro Exports vide shipping bill Nos. 7656093, dated 25-9-2013, 7615545, dated 23-9-2013, 7628969, dated 24-9-2013, 7616229, dated 23-9-2013 and 7630622, dated 24-9-2013 respectively were called back and were opened in the presence of the independent witnesses under Panchanama dated 28-9-2013. During the course of examination, containers destined for Hong Kong, 14.25 Mts of Red Sanders was found concealed behind crates containing 93.31 Mts of....
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....sanders 60 pcs. Approx. length 2-3 ft. 2 -do- 202 Approx. length 4-7 ft. 3 Pkt. of Red Sanders packed in wooden box 10 pkts Approx. length 3-5 ft 4 White wood logs (may be sandal wood) 60 gunny bags Approx. length 3-5 ft. 5 -do- 32 pcs Approx. length 3-5 ft. 6 White wood powder 32 bags Packed in HDPE bags 7 Red wood powder 3 bags Packed in HDPE bags 8 Brown wood power 12 bags Packed in HDPE bags 9 Red Sanders Cubes 17 bags Packed in HDPE bags 10 White wood stick 3 bags Packed in HDPE bags 11 Red Sanders Stick 104 bags Packed in gunny bags 12 Small pieces of Red sanders wood 74 bags Packed in gunny bags 13 White wood chips (chhilka) 62 bags Packed in gunny bags 14 -do- 27 bags Packed in HDPE bags 15 Granules (Burada) of red sanders wood 104 bags Packed in HDPE bags 16 Granules (Burada) of white wood 65 bags Packed in HDPE bags 17 Small peeled white wood in pieces 13 bags Packed in gunny bags 6. During the search, no stock register, no valid or legal documents were found related to....
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....with the following observations : "I have given due consideration to the rival submissions advanced by the learned counsel appearing on behalf of the parties. During a raid conducted by the team of Director of Revenue Intelligence on 28-9-2013 at various premises in Delhi, Mundra and Jaipur Red Sandal wood logs were recovered. 14.25 Mts of red sanders were recovered at Mundra Port from the container of M/s. Eurro Exports, Jaipur. Recovery of 95 bags of red sanders logs and 2.51 piece of small red sanders, etc. from the godown of Anil Gadodia was effected. 8.5 Mts. of red sanders logs were seized from the godown of one Daljeet Singh. The Department of Revenue Intelligence have got record of the past consignments whereby red sanders were exported through M/s. Eurro Exports, Jaipur. Anil Gadodia in his statement has admitted that he has supplied red sanders procured illegally for illegal export through containers of Rameshwar Sharma. Anil Gadodia has been actively in touch with one Mayur Ranjan @ Vijay. Accused Anil Gadodia has also admitted that he has received Rs. One crore for supply of red sanders. He was also involved in one case of similar nature, where red sanders were se....
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....f law, especially when the Coordinate Bench of this Court had already dismissed the bail applications of the accused respondents on merits, without granting any liberty to the accused persons. He has further contended that the Court below cannot overlook the order passed by the High Court rejecting the bail application of the accused persons u/s. 439 CrPc. He has further contended that during the course of investigation, it was also revealed that the accused Anil Gadodia is a habitual offender and a show cause notice for his involvement in smuggling of red sander in another case made by DRI had been served vide letter dated 22-11-2011, where the competent authority after concluding the show cause notice passed an order to confiscate 8302.9 kg. of red sander, seized on 15-11-2011 at his godown premises at 469/2, Nehrupura Road, Burari, Delhi and also imposed penalty of Rs. 10.00 lakh on him. 10. Similarly in the case of accused Rameshwar Sharma, it was revealed during the course of investigation that he is the owner of M/s. Eurro Exports but he has concealed the red sanders in the export consignment of marble and has been exporting Red Sanders in his containers. He has commi....
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.... on bail merely relying upon the judgment pronounced in the case of Sanjay Chandra v. CBI (AIR 2012 SC 830), wherein the Hon'ble Apex Court had enlarged the accused persons on bail, considering the fact that alleged offences were relating to telecommunication laws and telecom service license and spectrum obtained fraudulently, whereas in the present case the offence committed by the accused respondents is an offence of social economic nature of international ramifications, which is very serious considering that Red Sanders is included in the endangers list of plants in CITES, an international agreement signed by 180 countries. Hence these cancellation of bail applications should be allowed and the bail granted to the accused respondents by the court below should be cancelled and they should be sent behind the bars. In support of their contentions, he has placed reliance on the following authorities : (i) AIR 1987 SC 1321 = 1987 (29) E.L.T. 483 (S.C.) - (State of Gujarat v. Mohanlal Jitamalji Porwal & Anr.) (ii) AIR 1984 Supreme Court 1503 - State v. Jaspal Singh Gill (iii) 1997 (2) Crimes 168 - N. Sasikala v. Enfo....
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....emsp;They have further relied upon a decision rendered by Hon'ble Supreme Court in the case of Dolat Ram and Others v. State of Haryana reported in (1995) 1 SCC 349 and contended that rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with in different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail, already granted. 17. I have heard learned counsel for the parties and carefully perused the relevant material on record. 18. In the case of Jaspal Singh Gill (supra), their Lordship of Hon'ble Supreme Court held that the court before granting bail in cases involving non-bailable offences particularly where the trial has not yet commenced should take into consideration various matters such as the nature and seriousness of the offence, the character of the evidence, circumstance which are peculiar to the accused, a reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with, the larger interest of the public or the State and similar other consid....
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....rt and thereafter he absconded. There is strong possibility that he has gone out of Country and so far as the other co-accused person Mayur Ranjan is concerned, the petition filed by him for converting the arrest warrnat into bailable warrant has been dismissed by the Coordinate Bench of this Court and also imposed a cost of Rs. 50,000/- upon him, but that has not been deposited. 22. Furthermore the court below is found to have released the accused respondents on bail relying on the judgment rendered in the case of Sanjay Chandra v. CBI, which was a case relating to telecommunication laws and telecom service license and spectrum obtained fraudulently, whereas in the present case, the offence committed by the accused respondents is an offence of social economic offence of international ramifications, which is very serious offence considering the fact that Red Sanders (Red Sandalwood) is included in the endangered list of plants in CITES, an international agreement signed by 180 countries, and the accused respondents are habitual offenders and the possibility of re-occurrence of offence of similar nature cannot be ruled out, particularly when red sandalwood has a lucrative ma....