2023 (3) TMI 1181

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....for the Custom Department, learned A.G.A. on behalf of State and perused the record. The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.49 of 2022, under Sections 135(1)(a) and 135(1)(b) read with Section 135(1)(i) and 135(1)(ii) of Customs Act, 1962, Police Station Noida, District Meerut, during pendency of trial. It is argued by learned counsel for the applicant that Mohd. Jahas being Manager of M/s Saaz General Tradings imported 72,000 kg. betal nut splits classified under ITC HS 08028090 from Indonesia through the port of Mumbai and filed warehouse Bill of Entry on 04.04.2022 for clearance and warehousing of the goods at M/s Transworld Terminal Dadri Pvt. L....

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.... for the applicant has submitted that the coaccused Mohd. Jahas, who was the Manager and imported the alleged goods, is the main culprit. It is further argued that the witnesses in their statements have not made any allegation against the applicant. All allegations are against company and co-accused Mohd. Jahas. Applicant is travel agent. He ha nothing to do with export and import. Applicant is not employee of company. The good (betal nut) was imported by the firm in accordance with the prescribed procedure and the same was stored in a warehouse after proper documentation. No notice has been issued against importer under Section 59 (i) (b). Learned counsel for the applicant next argued that co-accused, Mohd. Jahas has already been grante....

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..... In reply, learned counsel for the applicant submitted that all the allegations raised by learned counsel for the Custom Department, are against Mohd. Jahas and he is main accused for importing the goods and he has been granted bail by co-ordinate Bench by detail order. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of co-accused, who have been granted bail and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 20....