TaxTMI 
TaxTMI 
2025 (11) TMI 1740
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....he present petitions under Section 482 BNSS is for the grant of anticipatory bail in case bearing criminal complaint No. DRI. F.NO. DRI/ASR/855/INT/01/2025 registered under Section 135(1)(i)(A) of Customs Act, 1962. 3. Acting on specific intelligence, officers of DRI Amritsar Regional Unit intercepted a passenger namely Vikas Chabbra at the Departure Side of SGRDJI Airport Amritsar who was trying to smuggle out foreign currency by concealing the same in his checked-in baggage while travelling from Amritsar to Dubai via SpiceJet Flight SG55 on 03.05.2025. During search of the checked-in bag of the passenger namely Vikas Chhabra, it resulted in recovery of 2,681 notes (USD) of 100 denomination, 7 notes (Euro) of 200 denomination, 33 notes (Euro) of 100 denomination, 247 notes (Euro) of 50 denominations. 50 notes (GBP) of 50 denomination, 33 notes (Aus Dollars) of 100 denomination, 126 notes (Aus Dollars) of 50 denomination, 28 notes NZD of 50 denomination, 1 note (Swiss Franc) of 1000 denomination, 4 notes (Swiss Franc) of 100 denomination, 2 notes (Swiss Franc) of 50 denomination, 36 notes (Omani Rial) of 50 denomination, and 20 notes (Omani Rial) of 20 denomination, 5 notes (Oma....
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....e phone, the photographs of two invoices dated 03.04.2025 showing foreign exchange transactions and purchase of gold in the name of the petitioner have been found dated 03.04.2025. The petitioner- Deepak Shekhar was in Dubai on those days. Further, one Sukhdev Singh, Frash/workman at the Airport was arrested from the Airport who was facilitating the accused. He was using a SIM Card No.9914700554. The said SIM was in the name of Gursimran Singh Nanda. His statement was recorded to the effect that he did not know how the SIM Card was issued in his name and came to be in the possession of Sukhdev Singh. During the course of investigation, it transpired that the SIM Card was provided to Sukhdev Singh by Ashwani Kapoor who was given the same by Deepak Shekhar. All this evidence even if taken to be entirely true does not further the prosecution case. As the petitioner has joined investigation and has cooperated with the same, he too is entitled to the concession of anticipatory bail. 6. On the other hand, the counsel for the respondent-DRI while referring to the case of Ashwani Kapoor contends that during the course of investigation it transpired that it was Ashwani Kapoor who had dro....
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....914700554. During the course of the investigation, it transpired that the said SIM Card was provided to Sukhdev Singh by Ashwani Kapoor who was provided the same by Deepak Shekhar. The petitioner has visited Dubai approximately 20 times in the last two years and the purpose of the trips remain unexplained. Though, the petitioner has joined investigation, he has not cooperated with the same having given evasive answers to most questions. Further, he too has stated that his phone was lost and he was unaware where he had lost it. Therefore, as the offences are prima facie established and the attempt is to stone-wall the investigation, the custodial interrogation of the petitioner is certainly required and therefore, he is not entitled to the concession of anticipatory bail. 7. I have heard the learned counsel for the parties. 8. The Hon'ble Supreme Court in the case of Sumitha Pradeep Vs. Arun Kumar C.K. & Anr. 2022 Live Law (SC) 870 held that merely because custodial interrogation was not required by itself could not be a ground to grant anticipatory bail. The first and the foremost thing the Court hearing the anticipatory bail application is to consider is the prima facie ....
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..... As per the case of the respondent-DRI, Vikas Chhabra was arrested at the International Airport, Amritsar while attempting to travel to Dubai. He was found in possession of foreign currency worth Rs.2,66,29,598/- which was unaccounted for. During the course of investigation, from his mobile phone, two invoices dated 03.04.2025 were extracted, as per which Deepak Shekhar had purchased 7,95,352/- Dirhams and had used the same to purchase gold. No cogent explanation has been furnished by Deepak Shekhar regarding the two invoices. Pertinently, Deepak Shekhar was in Dubai on 03.04.2025. In fact, he has travelled approximately 20 times to Dubai in the last two years and the purpose of those trips remain unexplained. From the phone of Vikas Chhabra, a letter head of Maha Laxmi Jewellers has been extracted containing notings of foreign exchange. Maha Laxmi traders was admittedly a firm of Ashwani Kapoor until the year 2010-2011. There is a date mentioned on the top of the letter head i.e. 27th January, 2025 to 30th January, 2025. Ashwani Kapoor was in Dubai on those days. No cogent explanation has been furnished by Ashwani Kapoor regarding the said letter head. He too has travelled to ....