2023 (6) TMI 660 - HC - Customs

Grant of Bail - overvaluation of goods which were being exported claiming higher rate of duty drawback and other incentives - correct transaction value in terms of section 14(1) of the Customs Act 1962 or not - HELD THAT - There is no material on record to indicate that the Applicants had availed higher rate of duty drawback on the shipping bills. The Applicants have appeared before the Authority and the statement of the Applicants has been recorded on various dates. Considering the nature of accusations this would not be a case for custodial interrogation. The Applications are allowed on the terms and conditions imposed with following - (a) In the event of arrest of the Applicants - Shri. Nitish Kumar Roy and Shri. Yadavendra Kumar Roy they shall be released on bail on furnishing bail bonds in the sum of Rs. 50, 000/- each with one or two sureties in the like amount.

Summary

Issues involved:
Applications under section 438 of Cr.P.C. filed by exporters apprehending arrest for offences u/s 132 and 135 of the Customs Act, 1962.

Details of the Judgment:

1. Allegations against the Applicants:
The Applicants, exporters of carpets, were accused of overvaluing goods being exported and claiming higher duty drawback and incentives.

2. Adjudication of Shipping Bills:
The Additional Commissioner of Customs found the value declared in 14 shipping bills to be correct under section 14(1) of the Customs Act, while the claim in 12 bills was reduced.

3. Interim Protection Granted:
In a previous writ petition, the Applicants were granted interim protection. The question of correct valuation in other bills is pending adjudication. No evidence suggests the Applicants availed higher duty drawback. The Applicants cooperated with authorities, and custodial interrogation was deemed unnecessary.

4. Terms and Conditions of Bail:
The Applicants were allowed bail upon arrest, each required to furnish bail bonds of Rs. 50,000 with one or two sureties. They must cooperate with the investigation, report to the Investigating Officer as needed, and keep their contact details updated.

5. Disposal of Applications:
Both Applications were disposed of following the above terms and conditions.