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2019 (5) TMI 1363 - HC - CustomsClandestine removal - malpractice in the duty free shops - huge malpractice of selling of Foreign made Foreign Liquor( FMFL) which were allotted to the DFS Trivandrum were diverted and sold to others - non-submission of returns under various statutes - HELD THAT:- It is an admitted fact that there were several malpractices in the DFS. It seems that in the search conducted, discrepancies were found out and several records were seized. Even the petitioners herein in his bail application has pleaded that, to defeat the interest of the company, the employees in connivance with M/s.Flemingo have committed various irregularities. It is surprising that the petitioners who were regularly verifying the accounts and details of sale did not notice this. The petitioners have a specific pleading that computer system was hacked. This is demolished by the report obtained by the customs authorities that there was no hacking. The allegations against the petitioners are serious. Apart from the allegations of misuse of licence, allegations under the Official Secret Act, Passports Act, Money Laundering Act are also now raised. There is another allegation that the entire records were not produced. Though the first petitioner was questioned under summons, thereafter, he did not report in spite of issuance of repeated summons. There is a further allegation that he did not produce the entire records for the purpose of investigation. All the above allegations are the offshoot of the main allegation of malpractice in the DFS. Considering the facts, specific allegation of bias and considering the fact that allegation of prosecution is serious which need to be pleaded and also considering the fact that all most all the transactions are covered by documentary evidence, I am inclined to direct the petitioners to surrender before the investigating officers - The petitioners shall surrender before the investigating officers within ten days from today. If they so surrender, after interrogation, if they are proposed to be arrested, Petitioners shall be released on bail on each of the petitioner executing a bond for a sum of ₹ 5,00,000/- with two sureties for the like sum each. Anticipatory Bail application disposed off.
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