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2023 (5) TMI 991 - HC - CustomsGrant of Anticipatory bail - Smuggling - Red Sanders - prohibited item or not - mis-declaration of goods - ignorance about E-way bill or propose recipient - HELD THAT:- The most import thing, according to this Court is the fact that irrespective of the fact that whether this is the case of mis-disclaration or about ignorance about E-way bill or propose recipient, the fact remains that the item which was mis-declared was red sandal logs, which has multiple uses right from uses in some common uses to use in installation of security equipment and therefore, the said item is a prohibited item for export. When the quantity of wooden logs found as mentioned in the panchnama dated 26.05.2022 is 840 wooden logs of red sandal amounting to Rs.11.70 crores, even if the consignment is cleared by the ICD, the sender of the consignment is expected at least to know the details about the proposed recipient of the E-way bills. In the instant case, the present applicant, during his response to the summons under Section 108 has pleaded complete ignorance about the proposed recipient of the red sandal logs as well as the E-way bills. Further, which shows that either the present applicant has non-cooperated or that he is hiding something. Further, as far as the submission of learned advocate Mr.Sharma about applicability of decision of Arnesh Kumar [2014 (7) TMI 1143 - SUPREME COURT] is concerned, this Court is of the view that considering the sensitivity of the matter, once the present applicant who happens to be the sender of the red sandal logs, which according to Mr.Sharma is a case of mis-declaration and which is a prohibited item, even if the punishment is less than 7 years, considering the fact that quantity of red sandal logs is quite use running into 11.70 crores and is a prohibited item. The matter is required to be investigated thoroughly to reach to the roots of this entire conspiracy and therefore, also as in response to summons under section 108 of Custom Act, the present applicant has pleaded complete ignorance there is a possibility that he might be hiding something, which is very important for DRI to carry on further investigation and therefore, there are no reason to grant anticipatory bail to the present applicant as his custodial interrogation in opinion of this Court would be required. Application dismissed.
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