TMI Blog2016 (6) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... event of their arrest - The applicants shall deposit 50% amount of central excise duty demanded i.e. the amount of ₹ 50,00,000/- ( Rupees Fifty Lakh only) (rounded off) within a period of 15 days (fortnight) - Granted relief subject to conditions. - CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 9811 of 2016 - - - Dated:- 5-5-2016 - MS SONIA GOKANI, J. FOR THE APPELLANT : MR DEVEN PARIKH, SENIOR COUNSEL WITH MR HETAN K PANDYA, ADVOCATE FOR THE RESPONDENT : MR HRIDAY BUCH, ADVOCATE, MR RUTVIJ OZA, ADD.PUBLIC PROSECUTOR ORAL ORDER 1. RULE . The formal service of notice of Rule is waived by the learned counsel appearing for the respective respondent. The Rule is fixed forthwith on consent. 2. By way o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the retail sale price or otherwise, then the excise duty is to be ascertained as provided under subRule (I) and (II) of Rule 4 of the Central Excise (Determination of Retail Sale Price of Excisable Goods) Rules, 2008 (hereinafter referred to as the Rules ). 4. It is the case of the applicants that neither the company has sold the tiles at the price higher than the Maximum Retail Price nor has received any cash from the dealer towards the sale price of the tiles. Thus, in absence of any receipt of difference of Maximum Retail Price and the product sold at more than the Maximum Retail Price, no case could be made out against the applicants. 5. According to the applicants, the offence punishable under section 9 of the Act is cognizable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been heard at length. Shri Deven Parikh, learned Senior Counsel appearing with Shri Chetan Pandya, learned counsel appearing for the applicants, has fervently made his submissions and also relied upon the decisions of the Division of this Court in the case of Commissioner of Central Excise Customs v. Suzlon Ceramic, reported in 2012 (282) ELT 338 (Guj.). 10. Shri Hriday Buch, learned Standing Counsel appearing for the respondent No.2, has also pointed out to the Court as to how the investigation revealed the evasion of central excise duty. According to him, further investigation is going on. 11. In rejoinder, Shri Deven Parikh, learned Senior Counsel, on instructions, submitted that the applicants are ready and willing to pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated Cheques, one of June, 2016 and another of July, 2016, each for ₹ 25,00,000/-( Rupees Twenty Five Lakh only); (iii) The applicants shall cooperate with the on-going investigation and make themselves available for interrogation whenever required; (iv) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any officer; (v) shall not obstruct or hamper the investigation and not to play mischief with the evidence collected or yet to be collected by the concerned officer; (vi) shall at the time of execution of bond, furnish their address to the concerned Officer and the trial Court conce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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