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TMI Blog2014 (3) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... vengeance, the customs officials are implicating him in this case. In his absence, on 26.2.2014, in his house, under the guise of conducting a raid, the Customs Officials have threatened his family members. In the circumstances, petitioner seeks advance bail. 4. On the other hand, the learned Special Public Prosecutor for Customs submitted that petitioner is a kingpin in the smuggling of huge quantity of red sanders. Statement under Section 108 Customs Act have been recorded from several persons. There is incriminating information about him. He is already involved in three prior cases of smuggling of red sanders. Two cases were adjudicated. Penalty of Rs.20 lakhs and Rs.10 lakhs respectively have been imposed on him. Petitioner is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ogs. Forest Officials confirmed them as red sanders. It was valued at Rs.1,19,45,000/-. 10. In this connection, Palani, the driver of the container was examined and his statement under Section 108 of Customs Act was recorded. It revealed that plastic granules were changed and red sanders wood were stuffed in a godown near Ernavoor Bridge. His statement further revealed that Akbar @ Hakim, Maniverma are concerned in this smuggling activity. The driver was detained. 11. Statement of Maniverma was recorded under Section 108 of Customs Act. It revealed that Akbar @ Hakim, a neighbor of Suresh(petitioner) came into contact with Maniverma, encouraged him in his involvement of smuggling of red sanders for monetary gain. He had also stated that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is backdrop of the matter, Suresh seeks anticipatory bail. 15. Petitioner is already involved in three cases of smuggling of red sanders. In two cases, adjudication orders were passed. The department imposed on him a penalty of Rs.10 lakhs and Rs.20 lakhs respectively. According to the department, the present case is 4th case. It relates to smuggling of red sanders wood. Interrogation of several persons leads to Suresh. Suresh need to be interrogated. There is no cooperation from him. Already he is involved in similar cases. 16. In considering a plea for grant of anticipatory bail, the Court has to consider the seriousness of the accusations, availability of incriminating materials, its nature, magnitude of the offence alleged, past activ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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