2009 (7) TMI 890

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..... en reassemble these parts in India and sale them as super bikes. By following the aforesaid modus operandi these fraudulent importers are able to evade the customs duty and earn huge profits in the process. It is stated that in case of new motor bikes the basic customs duty leviable is at the rate of 60% ad valorem whereas for the spare parts the basic customs duty is leviable at the rate of 10% ad valorem. Taking advantage of the differential duty leviable on motor bikes and the spare parts fraudulent imports of new bikes are made after its disassembling in the foreign country and by imports of spare parts. It is also the case of the respondent that the super bikes after their assembling in India are registered at various RTO offices on th .....

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..... has been able to connect the applicant atleast with three bikes which are imported under five bills of entry. The applicant has claimed that the said imports are made by his employee by name Shri Amjad Kadri who expired in June, 2008 due to blood cancer. According to the respondent with a view to verify the authenticity of the applicant's version statement of Sayyed Zahoor Ahmed Kadri father of Amjad Kadri was recorded and he, inter alia, stated that his son was an employee of the applicant and was diagnosed blood cancer in the year 2006 and expired in 2008. Sayed Z.A. Kadri has stated that his son Amjad Kadri had no financial capacity to import super bikes or parts thereof. The statement of customs house agent is also recorded who carried .....

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..... ed to be honoured. From the record it does appear that the main person who is heading the racket by name Nadir Ali is not as yet arrested and is stated to have fleed to Dubai. Learned counsel appearing for the respondent has expressed an apprehension that in the event of release of the present applicant he would be in a position to influence others and tamper with the evidence which would frustrate the investigation. It is emphatically submitted that atleast for some more time the applicant should not be released on bail. Learned counsel for the applicant submits that as the value of the bikes allegedly imported by the applicant under the five bills of entry pertaining to three bikes is Rs. 50 lacs having regard to the rate of duty leviable .....

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