Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2011 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (9) TMI 780 - HC - Central ExciseOffence punishable under Section 9 of the Central Excise Act, 1944 - Application for cancellation of bail granted by the learned Chief Judicial Magistrate - It is contended that the respondents being at large is likely to prejudice a fair investigation, since he is an influential person in the hierarchy of the company who can influence witnesses - The Special PP submits that the offence which the respondent has committed attracts punishment of imprisonment which may extend to seven years and, therefore, is a serious economic offence, affecting the revenue and therefore the learned Magistrate should have seen that the investigation in this case would be hampered by the respondents being at large - Since Sections 13, 19, 20 and 21 are the only sections in the Act which deal with persons arrested, from the reading of these sections it appears that the first option which the officer has is to admit the accused to bail and the second option is to forward him to a Magistrate - The Department had already applied before the learned Magistrate for cancellation of bail on the ground that the respondent had not attended the office of the applicant in terms of the order on which the respondent was bailed out - Needless to mention, the respondent would keep himself in good physical shape so that he does not have any occasion to again breach the order of the Magistrate - Application is rejected
|