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TMI Blog2011 (9) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... rate General of Central Excise Intelligence, Regional Unit, Vapi has filed this application contending that the learned Magistrate had misdirected himself by examining whether offence under Section 9 was a socioeconomic offence and then proceeded to grant bail to the respondent. It is also contended that the respondents being at large is likely to prejudice a fair investigation, since he is an influential person in the hierarchy of the company who can influence witnesses. It was also stated that the respondent had been evading to appear before the Excise Officer and had not even complied with the directions contained in the order of the learned Magistrate. The respondent has filed a detailed reply in the form of an affidavit. 2. I hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 13, he has to straightaway forward that person to the Magistrate and then the Magistrate has to deal with such person under Section 167 of the Code of Criminal Procedure. In that case, the impression in Section 19 about forwarding persons arrested under the Act to the Central Excise Officer empowered to send persons so arrested to a Magistrate would be a redundancy, since every Excise Officer, according to the Special PP, is entitled to send persons arrested under the Act to a Magistrate. Since arrest under the Act can be made only under Section 13, there is no question of any other person effecting arrest and sending the person so arrested to a Central Excise Officer. Therefore, when a person is arrested, he can be dealt with o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent is abusing his liberty. 4. The Department had already applied before the learned Magistrate for cancellation of bail on the ground that the respondent had not attended the office of the applicant in terms of the order on which the respondent was bailed out. The learned Magistrate has dealt with that application and had granted exemption to the respondent to enable the respondent to take treatment, whereafter the respondent claims to be appearing before the Central Excise Authorities, as ordered. Since the Special PP questions this claim of the respondent, in future, to avoid loss of judicial time on account of such claims and counter-claims, the respondent would obtain an acknowledgement from the Central Excise Officer a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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