TMI Blog2016 (8) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 5 of Section 127 C of the Customs Act, 1962 by the Settlement Commission. The applicant has, after his release, traveled abroad more than once, with the permission of the Court below and each time he has returned in time and has surrendered back his passport. Thus, now no purpose would be served by still continuing the conditions that the applicant shall leave the country only with the 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 ABICHANDAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... broad more than once, with the permission of the Court below and each time, he has returned in time and has surrendered back his passport. Details in that regard are placed on record. It is submitted 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 and the amount of penalty which could be imposed is fully s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.3 Further amount, as directed by the Court below is also lying with the department. 7.4 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 words, customs officers will have no jurisdiction over the subject case until an order is passed under sub-section 5 of Section 127 C of the Customs Act, 1962 by the Settlement Commission . 7.5 The applicant has, after his release, traveled abroad more than once, with the permission of the Court below and each time he has returned in time and has surrendered back his passport. Details in that regard are also on record. 7.6 In view of above, now no purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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