2025 (7) TMI 418

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.... File No. DRI/MZU/F/INT-26/2025 registered with DRI under Section 135 of Customs Act, 1962. It has been alleged that, accused/applicant has evaded basic customs duty of more than 42 crores by importing more than 3630 MTs of undervalued inshell walnuts through his import firms M/s. Essar Impex LLP and M/s. Vasudev Khachermal Poonawala. The applicant is arrested on 19.06.2025 and since then he is in judicial custody. 2] According to the applicant he is permanent resident of Nerul, Navi Mumbai. He is the sole proprietor of M/s Vasudev Khachermal Poonawala and partner in M/s. Essar Impex LLP, a registered partnership firm. Both firms are engaged in the import of perishable goods, specifically shelled dry fruits and nuts including walnuts and....

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....n import of more than 3630 MTs of undervalued inshell walnuts through his import firms. 5] It is averred that, during the course of investigation the DRI is pursing some other importers following this aforementioned modus operandi and for this very reason the judicial custody of applicant is crucial and granting bail to the applicant at this very crucial stage of investigation would determinately hamper the course of investigation. The investigation in the case is going on and other importers who are following the same modus are still at large. Releasing the applicant on bail may hamper the further course of investigation. Thus respondent DRI prayed for rejection of the application. 6] Prima facie from the face of record it seems that....

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....plicant are seems to be provisionally attached by DRI. Thus the physical presence of accused/applicant is not seems to be necessary for conducting investigation regarding money laundering or the hawala payments. 8] Considering the stage of investigation, I think no purpose would be served by keeping the applicant/accused behind bar till submission of charge-sheet/complaint. So far as apprehension regarding tampering the evidence or fleeing from justice is concerned stringent conditions can be imposed against the accused. Thus considering the circumstances on record accused is seems to be entitle for bail. Hence I pass the following order:- ORDER i. Application is allowed. ii. Accused Akash Ravish Agarwal be released on bail on h....