2021 (2) TMI 660

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....Intelligence ('DRI', for short), Sub Regional Unit, Neloor/Vijayawada, Andhra Pradesh, with respect to imports made by M/s Royal Imports & Exports and M/s. Spring Valley Spices through the port of Krishnapatanam, Andhra Pradesh. The 1st applicant is the proprietor of M/s. Royal Imports and Exports and also a partner of M/s. Spring Valley Spices and the 2nd applicant is the managing partner of M/s.Spring Valley Spices. They are engaged in the business of importing and trading of agricultural and other allied products including spices. The 3rd applicant is the managing partner of M/s. Unique Spices. 3. The allegation of DRI is that the aforesaid concerns imported Arecanuts from Indonesia vide two bills of entry dated 05/05/2020 by ....

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....ers has committed an offence punishable under Sections 132, 133, 135, 135A or Section 136, he may arrest such person. The applicants have reasonable grounds to believe that they may be arrested and hence they can approached the Court for anticipatory bail under Section 438 Cr.P.C. 6. The learned CGC has filed his statement objecting to granting of anticipatory bail. Their concerns had imported goods in four containers each declaring that those goods were coconut expeller cake; but on detailed examination it was found that arecanuts were concealed in the containers along with the declared goods, which were imported illegally and liable for confiscation under Section 111 of the Customs Act. The goods imported were valued at Rs.1.47 crores ....

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....he High Court held that the application was premature but still directed the customs officers not to arrest the applicant without prior notice. The Apex Court held that the blanket order of not to arrest could not be made. In the case in hand the applicants had in response to the summons received, appeared before the investigating officer and had also given statements. It is further submitted that Section 104 of the Customs Act was amended with effect from 28/05/2012 whereby certain offences were made cognizable by virtue of which a person can be arrested without warrant if the officer is satisfied that such person has committed non-bailable offence punishable under the Act. In the instant case, detailed statements have been recorded and al....