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KENAL VRAJMOHAN SHAH Versus DEPARTMENT OF REVENUE INTELLIGENCE AND ANR.

2016 (8) TMI 833 - GUJARAT HIGH COURT

Modification of bail conditions - offence under section 135 of the Customs Act, 1962 – requirement of marking presence in the court every month twice – travel abroad without permission – Held that: - the offence is compoundable. Other requirements like deposit of amount required by court duly fulfilled. The matter is now pending before the Settlement Commission, Customs and Central Excise at Mumbai. Communication dated 20.07.2016 of the said Commission, inter alia records that, “...In other word .....

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permission of the Court, and further that he needs to attend the customs office every month, for the purpose of marking his presence – bail conditions modified – application allowed – decided in favor of appellant. - CRIMINAL MISC.APPLICATION NO. 19274 of 2016 - Dated:- 12-8-2016 - MR. PARESH UPADHYAY, J. FOR THE APPLICANT : MR PR ABICHANDANI, ADVOCATE FOR THE RESPONDENT : MR KSHITIJ AMIN, ADDITIONAL CENTRAL GOVERNMENT STANDING COUNSEL, MR DEVANG VYAS, ASSISTANT SOLICITOR GENERAL OF INDIA, MS MO .....

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anted bail by the Additional Sessions Judge, Ahmedabad City vide order dated 20.10.2015 recorded on Criminal Misc. Application No.3989 of 2015, on certain conditions. Conditions No.2, 6 and 9 read as under. 2. shall not leave territory of India without prior permission of the Court; 6. shall submit his passport before the concerned I.O. within three days from today without fail, if having. 9. has to give his presence in the concerned department on every 9th and 18th of every month between 11.00 .....

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bmitted that the applicant is not to flee away. It is further submitted that the alleged offence is compoundable and further that the matter is now pending before the Settlement Commission, Customs and Central Excise at Mumbai. Attention of this Court is invited to the communication in that regard dated 20.07.2016 of the said Commission. It is pointed that in view of that, now the Customs Officers will have no jurisdiction over the subject matter. It is further submitted that the tax liability a .....

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riminal Misc. Application No.647 of 2016. It is submitted that the Court below has, vide order dated 11.03.2016, modified the earlier order only to the extent that the applicant may attend the customs office only once in the month, instead of twice, which was ordered earlier. It is submitted that the order of the Court below dated 11.03.2016 be modified by suitably modifying the earlier order dated 20.10.2015. 5. On the other hand, learned Additional Central Government Standing Counsel has conte .....

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