2025 (8) TMI 1570

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....of Entry no.9909289 & 9909041 both dated 06/05/2024 by declaring UAE as the country of origin. However, intelligence received by DRI indicated that the goods actually originated in Pakistan and were routed via Jebel Ali, UAE to evade 200% Basic Customs Duty (BCD), applicable to goods of Pakistan origin and to unlawfully claim Customs duty exemption under Notification No.22/2022- Customs dated 30/04/2022 under the India-UAE CEPA. Later on goods were seized. The applicant being partner of M/s Vortex Speciality Foods summoned to give his statement. Owing to his evasive answers he came to be arrested on 26/06/2025. Since then he is in Judicial custody 03 Heard learned advocate Shri Sujay Kantawala for the Applicant and learned advocate Nitee....

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....is further detention in jail is not warranted. He is ready to abide by the terms and conditions which may be imposed by the Court. Hence, Shri Kantawala prayed that the applicant be enlarged on bail. 05. Per contra, Smt. Punde vehemently argued that present case involves smuggling of 36 containers of 'Dry Dates' under bill of entry No.9909289 & 9909041, both dated 06/05/2025. She further argued that statements of present applicant recorded on 08/05/2025, 09/05/2025 & 26/06/2025 which reveal that his firm had imported 80 to 85 containers of 'Dry Dates' in January-March 2025 and 36 Containers in April-May 2025 through a broker Shri. Prakash based in Dubai without direct contact with shippers. The applicant admitted that he had n....

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....examined. In such circumstances if applicant is enlarged on bail, definitely he will influence the witnesses and his other known asnd unknown associates, who are yet to be apprehended. The possibility of his jumping the bail also can not be ruled out. Smt. Punde lastly submitted that for the purpose of furnishing bank guarantee, the presence of applicant is not required. Other partners can complete the necessary formalities. Hence Smt. Punde prayed that considering the aforesaid circumstances the application be rejected. 06. 1 have given thoughtful consideration to the submissions advanced by both the learned advocates. I have also gone through the material placed on record. On appraisal of papers it appears that in Civil Writ Petition N....