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2015 (12) TMI 1700 - HC - CustomsCancellation of Bail application - illegal storage and then export of red sanders, a prohibited item - case of respondent is that the accused respondents have correctly been granted bail and bail once granted is not liable to be cancelled - Held that: - the court below is found to have released the accused respondents on bail relying on the judgment rendered in the case of Sanjay Chandra v. CBI, [2011 (11) TMI 537 - SUPREME COURT], which was a case relating to telecommunication laws and telecom service license and spectrum obtained fraudulently, whereas in the present case, the offence committed by the accused respondents is an offence of social economic offence of international ramifications, which is very serious offence considering the fact that Red Sanders (Red Sandalwood) is included in the endangered list of plants in CITES, an international agreement signed by 180 countries, and the accused respondents are habitual offenders and the possibility of re-occurrence of offence of similar nature cannot be ruled out, particularly when red sandalwood has a lucrative market for smugglers and as per the details given by co-accused person, the Red Sanders of the value of ₹ 4-5 crores has been smuggled out of the India, the Court below is found to have committed error while granting bail to the accused respondents. The cancellation of bail applications filed by the petitioner are allowed - decided in favor of Revenue.
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