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2019 (3) TMI 2054 - HC - CustomsApplication for Anticipatory Bail u/s 438 of the Code of Criminal Procedure, 1973 - inquiry initiated by the Directorate of Revenue Intelligence - HELD THAT:- Taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also considered the aspects that; (i) the applicant was called for interrogation pursuant to the summons issued by the respondent department and the applicant had cooperated with the investigation and his statement was recorded twice on 20.7.2018 and 16.8.2018; (ii) another importer is protected by Division Bench of this Court by passing interim order; (iii) another importer viz.Deepak Agarwal is released on regular bail by this Court vide order dated 7.12.2018. In the said order, this Court has observed that the offence under the Customs Act is compoundable and the maximum sentence is of seven years; (iv) so far as the said accused is concerned, it is also observed that during the course of investigation, remand of the said applicantaccused was not sought and entire investigation is based on documents; (v) entire quantity of alleged high-speed diesel as per the report is lying in the custody of the respondent department, therefore, I am inclined to exercise the discretion in favour of the applicant. In the result, the present application is allowed - At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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