2023 (8) TMI 556 - MUMBAI CITY CIVIL COURT

Seeking grant of anticipatory bail - import of Diamond - gross over valuation of goods or not - mis-declaration of value of goods or not - HELD THAT:- There is substance in the prosecution case that there is mis declaration in terms of value of the goods. It appears that diamond in the form which were recovered appears to be prohibited goods. The prosecution is suspecting Money Laundering and Terrorist Financing activities behind import of such diamond. Custodial interrogation of the present applicant is just and necessary. If prearrest bail is allowed, it will derail the investigation which is in progress. The aforesaid citation relied upon by the applicant relating to merit of case are not helpful to the applicant at this stage. If the investigation machinery proceeds for arrest of the applicant they will follow the necessary guidelines as held in SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. [2022 (8) TMI 152 - SUPREME COURT].

The interrogation with the accused in respect of the alleged offence is necessary for which presence of accused with the investigation machinery is necessary. Thus perusal of the prosecution material at this juncture prima facie it appears that there is mis declaration of the value. The Circumstances on record shows that this is not fit case for anticipatory bail and the custodial interrogation of the applicant is necessary, more especially in light of the fact that offence being economic offence affecting the national economy. The applicant being actively involved in the alleged offence therefore, he will not be entitled for pre arrest bail.

The bail application dismissed.