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Ishwar Das Moolrajani Versus Union Of India & Ors

2016 (2) TMI 579 - SUPREME COURT

Grant of bail to Detenu - Prosecution and arrest of person - criminal proceedings are initiated against the detenu insofar evasion of the duty payable to the Revenue on the illegally imported goods - Held that:- not taking action against the detenu during the relevant period of time prima facie is a serious dereliction of duty on the part of the concerned officials who, were/ have been in office of the Customs Department, therefore, we direct the C.B.I. to conduct investigations in this matter a .....

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GOPALA GOWDA AND MR. R.K. AGRAWAL, JJ For the Petitioner : Mr. Saurabh Kirpal, Adv., Mr. Wattan Sharma, Adv., Mr. Gautam Awasthi,Adv., Mr. Yashank Adhyaru, Sr. Adv., Mr. Rajiv Nanda, Adv., Mr. P.K. Dey, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. Yashank Adhyaru, Sr. Adv., Mr. Rajiv Nanda, Adv., Mr. P.K. Dey, Adv., Mr. B. Krishna Prasad, Adv., Mr. Saurabh Kirpal, Adv., Mr. Wattan Sharma, Adv. And Mr. Gautam Awasthi, Adv. ORDER 1. Heard learned counsel for the parties. 2. These t .....

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ctual aspects and legal grounds were urged inter alia contending that the arrest of the detenu was unlawful and therefore he had sought for issuance of a writ of habeas corpus to the respondents, in his appeal, and to produce him before the Court and enlarge him on bail. The said case was examined by the High Court and after adverting to certain factual aspects, legal contentions, relevant statutory provisions of the Customs Act, Code of Criminal Procedure and also referring to the judgments of .....

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led by the Union of India and Anr., their challenge to the impugned judgment passed by the High Court is with regard to the maintainability of the Habeas Corpus Petition filed by the detenu before the said Court contending that the detenu was lawfully arrested in exercise of the statutory power conferred under Section 104 of the Customs Act, 1962 with the Officer of Customs empowered in this behalf by general or special order of the Principal Commissioner of Customs or Commissioner of Customs, f .....

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onal Unit, Jaipur. The learned Chief Judicial Magistrate while examining the bail petition filed by the detenu, by recording his reasons, rejected the bail. Thereafter, he approached the learned Additional District Judge seeking for enlarging him on bail. That petition was also rejected. During the pendency of the proceedings before the said Court, the detenu has filed a Writ Petition for grant of writ of habeas corpus and the same is allowed holding that initiation of the said proceedings again .....

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ranting bail with conditions and prayed for quashing the said order. 4. This Court on 7.11.2006 in the criminal appeals filed by the appellant-detenu stayed the directions of deposit of ₹ 4.5 Crores with the Competent Authority. 5. Mr. Yashank Adhyaru, learned senior counsel appearing for the Union of India made a submission that since the detenu has been enlarged on bail and the direction to deposit the amount payable on the imported goods are stayed, after lapse of nine years' period .....

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the conditions incorporated in the order of bail passed by the High Court. 6. Further, when we put the question to the learned senior counsel appearing for the Union of India as to what criminal proceedings are initiated against the detenu insofar evasion of the duty payable to the Revenue on the illegally imported goods in respect of which the arrest of detenu was made under Section 104 of the Customs Act during the pendency of the proceedings before this Court, he submits that no such proceed .....

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