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2026 (5) TMI 1037

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.... 2. Facts giving rise to the filing of present application are that, the DRI-MZU is investigating case of smuggling of 'melon seeds' and 'green peas' valued to the tune of Rs.150.3 crores approximately which were concealed/mis-declared in the guise of 'pigeon peas' and 'peas' and were seized under the provisions of the Customs Act, 1962. The import of 'melon seeds' and 'green peas' were in blatant violation of prohibition/restriction impose vide DJFT notifications, foreign policy, FTDR Act and provisions of Customs Act, 1962, in as much as the 'melon seeds' and 'green peas' are restricted under DGFT notification no. 05/2023 dated 05/04/2024 and notification no. 37/2015-2020 dated 18/12/2019 respectively. Thus, the imported goods falls under....

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....he opponent department. Perused application and say filed by opponent department at Exh.5. 5. Shri. Katawala argued that, the applicant is innocent and unnecessarily dragged in the false and frivolous case. The statements of applicant have been recorded on 25/02/2026, 18/04/2026, 21/04/2026 and 22/04/2026. The applicant has fully co-operated with the investigation right from the month of February. Shri. Katawala further argued that, the DRI has issued no objection letters dated 28/04/2026 and 19/04/2026 for removal/clearance of goods which were kept on hold by the DRI. It has been clearly mentioned by the DRI that, the goods stuffed in the said container appeared to be as declared in the bill of entries and no mis-declared or concealed g....

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....ification no. 37/2015-2020 dated 18/12/2019 respectively. Shri. Pathak further argued that, initially 60 containers are kept on hold and examined wherein 48 containers were found to be stuffed with melon seeds and 12 containers were found to be stuffed with 'pigeon peas'. During the investigation and on search of the premises of shipping line, it was revealed that, this 60 containers pertaining to two IEC holders/importers viz. M/s. ADR shine and M/s. South-East Enterprises were primarily in the name of M/s. RD International and later on transferred initially in the name of M/s. Aardii Agro Pvt. Ltd. and M/s. Immerse Tradex and thereafter finally in the name of M/s. ADR Shine and M/s. South-East Enterprises. Shri. Pathak further submitted t....

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.... is languishing in the jail since 19/04/2026. He has no antecedents. He has been consistently paying income tax returns. So the possibility of his jumping the bail does not arise. Substantial part of the investigation must have completed. In view of above, further detention of applicant in jail is not warranted. So far as the apprehension raised by DIR is concerned, the same can be taken care by imposing certain conditions upon applicant. Resultantly, I pass following order. ORDER 1. The application is allowed. 2. The applicant Pareshkumar Dinsukhray Raithatha shall be released on bail in F.No. DRI/MZU/NS-I/INT-38/ENQ-10/2026. on his executing PR bond in the sum of Rs. 1,00,000/- with two sureties in the like amount to the satisfac....