2026 (5) TMI 136

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....manded back to this Court by an order passed by Hon'ble Bombay High Court on 03.02.2026 in 3. Facts giving rise to the filing of present application are that, specific Intelligence received by the DRI - MZU indicated that goods imported by M/s. Mahant Enterprises in container No. GLDU 0763322 under bill of lading No. GSAL/JEA/NSA/ 3954 dated 26/06/2023 was suspected to contain mis-declared or concealed goods intended to be smuggled into India. The declared goods in the bill of lading were 'Quick Lime Lumps' confining 675 bags which were put on hold for examination and were found to be as declared. 4. Subsequently an additional intelligence was received that a container No. SDMU 6579801 imported under bill of lading No. GSAL/JEA/NSA/34....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en over and distributed the Areca nuts, replaced with the declared cover cargo, in the local market pertaining to one container. 7. As two persons have already been arrested in respect of ongoing investigation, the applicant apprehends his arrest in connection with the crime in question, hence, he constrained to file the present application for pre-arrest bail. 8. Heard Ld. Advocate Shri Dr. Sujay Katawala for the applicant and Ld. Advocate Ms. Neeti Punde for the opponent DRI. Perused application, say filed by opponent DRI at Exh.10 and other documents placed on record. 9. Shri Kantawala argued that the applicant is innocent and unnecessarily dragged in the false and frivolous case. Shri Katawala further argued that in the case of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cant in the said conspiracy needs to be determined. Smt. Punde further argued that during course of investigation, voluntary statement of Bhushan Sawant was recorded u/sec.108 of Customs Act on 08/08/2023 wherein he inter alia stated that present applicant was local buyer as he was the person who had arranged for Areca nuts. He informed Rakesh Jejurkar that Areca nuts were going to be imported on his IEC of M/s. Mahant Enterprises by mis-declaring the same and he asked Rakesh Jejurkar to get the Areca nuts cleared from Customs. Present applicant provided him with a copy of bill of lading No. GSAL/JEA/NSA/3954 dated 26/06/2023 and told him that the said Areca nuts were being imported from M/s. Business for U (FZC) UAE, in the guise of 'Quick....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed on record. It is pertinent to note that the adjudicatory process under the Customs Act has already been started and applicant is representing himself before the adjudicating authority. Since last 3 years the applicant is on bail. It is not the case of opponent DRI that while on ad-interim anticipatory bail the applicant has committed any breach of conditions imposed upon him. The show cause notice has already been issued to applicant on 02/07/2025 and he is actively participating in adjudication process. Furthermore, the offence in question is revolving around documentary evidence and the opponent DRI must have procured requisite documents by approaching the concerned department. The applicant has no criminal antecedents. Considering the....