TaxTMI 
TaxTMI 
2025 (7) TMI 87
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....ant/accused has prayed for grant of bail in F. No.DRI/MZU/B/INT- 59/2025 registered with Directorate of Revenue Intelligence, Mumbai Zonal Unit, for the offence punishable U/s 135(1)(a)(i)(A), 135(1)(a) (i)(B), 135(1)(b)(i)(A), 135(1)(b)(i)(B) of the Customs Act, 1962. 2. It is submitted by the applicant /accused that he is apprehending arrest as the respondent conducted search and raid at his cousin's shop on 16.05.2025 and has seized I-Phones. No copy of panchanama was supplied by the respondent. The case of the prosecution in the nutshell is that, there was recovery of 112 I-Phones, 102 refurbished laptops, 6 Google Pixel phones, 216 pieces of cosmetics and 94,951 grams of tobacco valued at Rs.1,48,79,462/- from six (06) passengers ar....
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..... Yash Aswani, and Mr. Mohsin Shaikh as the masterminds orchestrating the syndicate's operations. Subsequently, efforts were made to apprehend Mr. Waseem Barambia near his residence on the same day; however, he absconded. In a related operation, DRI, Pune conducted a follow-up search at Jai Mobile Store, a retail outlet in Sadashiv Peth, Pune, operated by Mr. Yash Aswani's cousin, Mr. Jai Aswani. But Mr Yash Aswani absconded as well. During this search, 11 I-Phones were recovered and seized. 5. It is further submitted by the respondent that ground put forth in application are false. A voluntary statement were recorded under Section 108 of the Customs Act, 1962, wherein the accused categorically stated that applicant is the master....
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....me Court while dealing with a matter concerning large scale fraud in intermediate examinations in Bihar reiterated the law laid down in Y. S. Jagan Mohan Reddy v. CBI held that- It is well settled that socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. Usually, socio-economic offence has deep-rooted conspiracies affecting the moral fibre of the society and causing irreparable harm, needs to be considered seriously" In Naresh J. Shukawani v. Union of India 1996 (83) E.LT. 258 (S.C.) it was observed that, "It must be remembered that the statement made before the Customs officials is not a statement recorded under Section 161 of the Criminal Procedure Co....
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....nto. Nowhere has this Court held that even the police statements of the accused person under Section 161 of the Cr.P.C. must also be looked into at the stage of grant of anticipatory or regular bail. 9. The applicant has also taken aid of guideline, issued vide F. No. 394/68/2013Cus (AS) dated 17.09.2013. As per the revised guidelines issued by the Board, the threshold limit of CIF value (Cost- Insurance+Freight) of the prohibited items for arrest and launching prosecution has been fixed at Rs. One crore or more. 10. The applicant further states that the alleged smuggled goods are already in the custody of the respondent, so there is no question of tampering with the evidence. That all present witness are government employees so there....
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.... were valued together. 12. Both the parties have argued the application in consonance with the pleadings made by them. Certainly in the present case the six person from whom the goods were seized to the tune of Rs.1,48,79,462/- are released on bail. 13. The nature and seriousness of the offence alleged, the context of the events likely to lead to the making of the charges, a reasonable apprehension that witnesses will be tampered with are some of the considerations which the court has to keep in mind while deciding an application for anticipatory bail. 14. Appreciating the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigat....