TaxTMI 
TaxTMI 
TaxTMI 
2025 (7) TMI 1784
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....izen and is a sleeping partner in Essar Impex LLP along with his nephew Mr. Akash Ravish Agarwal, who is the actual active partner. The applicant is apprehending arrest in connection with summons dated 26.06.2025 bearing F. No. DRI/MZU/B/INT-26/2025. 3. It is submitted by the applicant that he is apprehending arrest as the respondent has arrested the other Partner/Nephew Mr. Akash Ravish Agarwal of Essar Impex LLP on 19.06.2025 and are repeatedly issuing summons, even though, the applicant is in no way having any knowledge of the business activities. The applicant's nephew was looking after the day-to-day affairs of the business and he was a namesake sleeping partner as he is an elder of the family. The applicant initially funded his n....
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....and hence he cannot access the same. The applicant submits that he is not tech savvy. 6. It is further submitted by the applicant that if the applicant is arrested, it would cause harm to his health, reputation, work, status and goodwill in society, which will result in irreparable damage and grave prejudice. The applicant has deep roots in society and is not a flight risk with his family. The applicant resides with his wife and three sons who are married and grandchildren. The applicant is associated with various Charitable work. The alleged offences punishable under Sections 132, 135 (1) (a) and 135 (1) (b) of the Customs Act, 1962 which are punishable under Section 135(1)(a)(i)(A), Section 135(1)(a) (i)(B) of the Customs Act, 1962. The ....
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....s to the applicant to appear on 27.06.2025. 30.06.2025 & 07.07.2025, however, the applicant failed to comply with the summons and filed this application. 9. The investigation in this case is going on and custodial interrogation of the applicant is necessary for collection of further evidence. Applicant has failed to comply with any of the summons without furnishing any valid justification. The applicant's attempt to pre-empt lawful investigation by invoking liberty and seeking blanket protection, despite his repeated non-compliance with summons, reflects a non-cooperative attitude that hampers the course of justice. It is revealed that the applicant is a financier in his partnership firm, M/s Essar Impex LLP, as well as in another firm....
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....rested on 19.06.2025 and after his DRI custody was released on bail by the Ld. Jurisdictional Magistrate on 05.07.2025. The order of the Ld. Magistrate clearly demonstrate that respondent has seized goods from the stock of M/s. Vasudev Poonawala weighing 7475 Kg and all documents including electronic records are seized. It is undisputed that present applicant is one of the partner of M/s Essar Impex LLP. It is contention of the applicant that he is namesake partner and is having various ailments due to his old age. It is further contention of the applicant that by virtue of letter at Exhibit 'E' he has made communication with the respondent and it is not the case that he has not honoured the summons issued by the respondent. 12. Considerin....
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....rt has to keep in mind while deciding an application for anticipatory bail. Considering 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 investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. Evaluating the entire available material carefully, the presence of applicant with the respondent is not warranted. However, it is made clear that contentions of the applicant for recording his statement on VC cannot be considered. Thus, appreciating the relevant considerations for grant of anticipatory bail with the present set of circumstances, prima-facie case is made out by the applican....