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2016 (2) TMI 312 - GUJARAT HIGH COURT

2016 (2) TMI 312 - GUJARAT HIGH COURT - TMI - Offences under Sections 132, 135 and 135A of the Customs Act, 1962 - wrongful availing duty drawback - application for regular bail - Held that:- applicant is behind the bar since 05.10.2015 and the investigation is almost over qua the present applicants. - The applicant shall pay an amount of ₹ 60 Lakh - this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordere .....

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ection with registered under the Customs Act vide DRI.F.No.DRI/AZU/CI/ENQ(INT)02/2015 for the offences under Sections 132, 135 and 135A of the Customs Act, 1962. [2] Heard Mr.N.D.Nanavati, learned Senior Counsel assisted by Mr.Rajesh Kanani, learned advocate for the applicant, Mr. Hriday Buch, learned Standing Counsel for Government of India - respondent No. 1 and Ms. M. D. Mehta, learned APP for the State of Gujarat respondent No. 2. An affidavit-in-reply filed on behalf of respondent No.1 is t .....

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re concerned, no notice for recovery of the said amount has been issued. He, however, states that the applicant is ready and willing to deposit reasonable amount with regard to the benefits alleged to have been availed with regard to drawback between 2010 - 2015. He would, therefore, submit that the investigation is almost over and, therefore, the applicant may be enlarged on regular bail. [4] Mr.Hriday Buch, learned Standing Counsel for Government of India - respondent No. 1 - who has initiated .....

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g agency is in process of issuing notice etc. for recovery of the said amount. However, he would submit that the applicant shall be directed to pay some amount to the department. [5] I have heard learned advocates appearing for the parties. Prima facie, it appears that the applicant has tried to get benefits of drawback system as far as the present consignment is concerned. As far as the allegations made with regard to the past for which similar allegations have been made i.e. with regard to get .....

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ision of the Hon ble Apex Court in the case of Sanjay Chandra V. Central Bureau Investigation reported in [2012] 1 SCC 40. I have considered the fact that the adjudication proceedings is pending before the authority. The applicant shall pay an amount of ₹ 60 Lakh. Considering the above, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection w .....

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