TaxTMI 
TaxTMI 
2021 (2) TMI 389
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....No.93/2019 registered at Police Station Directorate of Revenue Intelligence (DRI) Indore Zone, Indore District Indore (MP) for offence punishable under Sections 132 and 135 of Customs Act, 1962 (herein after referred to as the Act) and also under Sections 467, 471 and 120-B of Indian Penal Code, 1860 (IPC). The applicants are in custody since 16.12.2020. 2. In brief, facts of the case are that the applicants herein are running their business of import through their proprietary firm M/s. Rudra Overseas, Indore (MP), having applicant No.2 Sanjay s/o Ramchandra Panjabi as its proprietor. It is not disputed that the firm is registered by Food Safety and Standard Authority of India as also Goods and Service Tax (GST). The petitioners are e....
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....(rupees one crore) and duty involved is less than Rs. 50,00,000/- (rupees fifty lakh), the alleged offence is bailable. 4. Senior Counsel has also relied upon various decisions of other High Courts to buttress his arguments. It is further submitted that even otherwise, the investigation is over and the applicants have already been sent to judicial custody; and as such, no further recover or discovery is to be made at the instance of the applicants. Thus, it is submitted that the applicants be released on bail, as even show cause notice under the provisions of the Act has also been issued to the applicants. 5. Counsel for the respondent / DRI Mr. Chandan Airen, on the other hand, opposed the prayer and it is submitted that no cas....
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....cants are released on bail, the accused would certainly receive information from the applicants and would be prejudicial to the prosecution. 7. Counsel has further submitted that the applicants have very systematically undervalued the goods, where were imported by them; and thus, a prima facie case for evasion of duty and forgery is made out. Hence, it is submitted that the application be dismissed. 8. Learned Senior Counsel has also submitted that since the case involves alleged evasion of duty of more than Rs. 50,00,000/- (rupees fifty lakhs), it is bailable under Section 104 of the Act. It is further submitted that arrest has also been made in violation of the various circulars issued by the Government of India, Ministry of Finance....
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.... 3. Govind Gopal Goyal v. State of Gujarat reported as 2018 (360) E.L.T. 434 (Guj.); 4. Bajrang Lal Sharma v. State of Gujarat reported as 2017 (354) E.L.T. 582 (Guj.); 5. Sita Ram Aggarwal v. Customs reported as 2005 (188) E.L.T. 478 (Del.); 6. Arvind Kumar Jain Dhakad v. Union of India reported as 2019 (367) E.L.T. 785 (Bom.); 7. Union of India v. Kisan Ratan Singh reported as 2020 (372) E.L.T. 714 (Bom.); and 8. Inder Setia v. U Central Excise Department, Noida reported as 2008 (224) E.L.T. 385 (All.). 10. Heard counsel for the parties and perused the record. 11. From the record, it appears that the allegations of evasion of huge amount of customs duty have been levelled against....