Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

AMARJEET SINGH JOLLY Versus DEPUTY DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE AND 1

2016 (2) TMI 312 - GUJARAT HIGH COURT

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 ordered to be released on bail in connection with th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ide 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 taken on record. [3] Mr.N.D.Nanavati, learned S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

id 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 the proceedings under the provision of the Cu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 getting facility of drawback with regard to certa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 with the offence registered under the Customs A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version