TaxTMI 
TaxTMI 
2017 (11) TMI 309
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....e innocent person, however, has been falsely implicated in the alleged offence. The learned advocate submits that the offence is triable by the Magistrate and maximum punishment prescribed for such offence is imprisonment for seven years. The learned advocate further submitted that the grounds of arrest, which ought to have been served to the applicant in written as prescribed under the law, are not served to the applicant. In this context, the learned advocate for the applicant made available for perusal certain specimen copies of Grounds of Arrest, issued upon other accused persons in similar kind of cases. According to the learned advocate for the applicant, it is consistent practice followed by the respondent No. 2 - department that at the time of arrest, the grounds of arrest memo is served upon the person who is arrested, which in the case on hand is not served. 3.1 The learned advocate for the applicant submitted that in fact the goods in question (fireworks) were wrongly supplied to the applicant by the supplier along with the "Party Popper" and to substantiate the said fact, he invited attention of the Court to an e-mail dated 02.10.2017, a copy of which is annexed at A....
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.... iv) decision dated 28.11.2011 of the Delhi High Court passed in Bail Application Nos. 1565/2011 (Sharad Kumar Vs. CBI), 1567/2011 (Kanimozhi Karunanithi Vs. CBI), 1564/2011 (Karim Morani Vs. CBI), 1566/2011 (Rajiv Agarwal Vs. CBI) and 1568/2011 (Asif Balwa Vs. CBI). 4. Per contra, Mr. Amin, the learned counsel for the respondent No. 2 - department as well as Mr. Patel, the learned Additional Public Prosecutor for the respondent No. 1 - State opposed the present application. It is submitted that looking to the gravity of offence and the role attributed to the present applicant, he may not be enlarged on bail. The learned advocates further submitted that investigation is in progress and the charge-sheet is yet to be filed and accordingly, there are all chances of tampering with the evidence by the applicant. They further submitted that the date of arrest of the applicant is 27.09.2017 and therefore, the application may be rejected at this stage as statutory period of 60 days for filing of charge-sheet in such cases is yet to be completed. 4.1 Learned counsel Mr. Amin, while referring to the Arrest Memo (dated 27.09.2017), submitted that there is an endorsement in the Arre....
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.... available with the investigating agency in the form of e-mail and the same form the part of the compilation submitted by the applicant along with the application. Further, the learned advocate for the applicant referred to the document at page 84 to show that "Cold Pyros Firecrackers" ensure premium quality and emission of less smoke. It is submitted that the directions issued by the Hon'ble Apex Court were in respect of Delhi NCR area, however, the said directions are taken care of by the documents produced along with the compilation produced by the respondent No. 2 along with the affidavit-in-reply. While referring the Notification being G.S.R.64(E) dated 27-1-1992, it is submitted that the Central Government is pleased to prohibit the manufacture, possessions and importation of any explosive consisting of or containing sulphur or sulphur in admixture with chlorate of potassium or any other chlorate. Provided that this prohibition shall not extend to the manufacture or possession of such explosive: a) in small quantities for scientific purposes; b) for the purpose of manufacturing heads of matches; c) for use in toy amorces (paper caps for toy pistols); or d) in percussion caps ....
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....launching of prosection/ arrests. XXX 3. Arrests in Customs Offence Cases: (internal page 156): (i) Persons involved in customs related cases who may be liable to prosecution should not be arrested in routine unless exigencies of certain situations demand their immediate arrests. Thus, at times, prior to prosecution, arrest(s) may be necessary to ensure proper investigations and penal action against the person(s), as otherwise the person involved in the offence may hamper investigations or disappear from the scene/area - such as in cases involving outright smuggling by Sea/Air/Land route. (ii) Arrest should be made only when it is intended to prosecute the offenders and the monetary limits or conditions provided for prosecution would apply equally to arrests. (iii) Though under Sec. 104 of the Customs Act, Commissioners of Customs have been empowered to delegate to an officer of Customs by general or special order, powers of arrest of persons guilty of offence punishable under sec. 135, Government would like extreme circumspection and care in exercising these powers and ordering arrests. In all commercial fraud cases in relation to regul....
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....ovided to the arrestee. (6) The arrestee should be subjected to 'Medical Examination' by a trained Doctor every 48 hours of his detention in custody by a Doctor on the panel of the approved Doctors appointed by the Director, Health Services of the concerned States. (7) Copies of the all the documents including the 'Arrest Memo' referred to above should be sent to the CMM for his record. (8) The arrestee may be permitted to meet his lawyer during interrogation, though not through-out interrogation. 'Lawyers Register' may be maintained to indicate the name of lawyer, whom did he meet, starting and closing time of meeting and duration of meeting. The arrestee may be asked to give in writing if he wants to meet advocate and whether the lawyer meeting him is his lawyer Signature of the lawyer be obtained in the said Register. (9) An 'Arrest Register', should be maintained having following columns; (i) Name, father's name, address with telephone Nos. and age of arrestee. (ii) Name of officer (s) handling interrogation, with specific time of interrogation by the officer. (iii) Name of office....
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....the material placed on record. 7. At the outset, it would be beneficial to refer to the principles enunciated by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40, which the Court has to bear in mind while dealing with the application for grant of bail. The same are extracted hereunder: (i) There is a presumption of innocence in favour of the accused till he is found to be guilty. (ii) The bail is the rule and denial thereof is the exception. For the purpose of denial of the bail there must be extraordinary circumstances necessarily meaning that bail ought not to be denied to an accused only on the ground of general sentiments of the community as it impairs the right to liberty guaranteed to an accused. (iii) While considering the grant of bail, both the factors, namely, the seriousness of charges and the severity of punishment which the offence carried must taken into consideration. (iv) The bail ought to be granted in a case where there are no chances of the accused fleeing away from the processes of law or in other words, the accused, who is released on bail must be rea....
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....have nothing to do with the same. Further, it is also not in dispute that the applicant is the resident of Surat and has roots in Surat town, having responsibility towards family and has established business and hence, his presence can be secured as and when required during the investigation as well as during the trial by imposing certain conditions. 9. Thus, considering overall aspects of the matter vis-a-vis the parameters laid down by the Hon'ble Apex Court for considering the matters relating to grant of bail, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the application is allowed and the applicant is ordered to be released on regular bail in connection with File No. DRI/AZU/SRU/B/INV-04(ENQ-21/2047 of the Directorate of Revenue Intelligence, Regional Unit, Surat, on executing a personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall....