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2015 (11) TMI 1603 - DELHI HIGH COURT

2015 (11) TMI 1603 - DELHI HIGH COURT - TMI - Bail application u/s 439 read with Section 482 of the Code of Criminal Procedure, 1973 - appellant was assisting the other co-accused in procuring red-sanders in trucks from South India, storing in their godown at Village Bakhtawarpur, New Delhi and further illicitly exporting from Delhi Port to Dubai and it was found that the illicit export of red sanders was attempted in the guise of genuine exports of ‘Acrylic Bath Tubs and Bath Tub Accessories’ - .....

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rt is of the considered opinion that the petitioner does not deserve the concession of bail in this case, at this stage - bail not granted - application dismissed. - BAIL APPLN. 1638/2015 - Dated:- 20-11-2015 - MR. P.S. TEJI J. Petitioner Through: Mr.Amit Saxena, Advocate Respondent Through: Mr. P.C. Aggarwal, Advocate JUDGMENT P.S. TEJI, J. 1. The petitioner has filed the present bail application under Section 439 read with Section 482 o .....

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ttempted in the guise of genuine exports of Acrylic Bath Tubs and Bath Tub Accessories under Shipping Bill No.0018327 dated 16.10.2014 to Sharjah, UAI in Container No. TTNU-3869887/20 under forged documents in the name of M/s. Aqua Plus Global, Plot No.3, NSEZ, Noida. It is also alleged that the present petitioner was knowingly indulged in the illegal export of Red Sanders and he was the active member of the smuggling racket and is involved in procuring, packing, transportation, storage, conceal .....

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i District, Patiala House Courts, New Delhi, keeping in view the fact that the offence involved the stealing and smuggling of a very precious and scarce resource of the country and considering the fact that the operation involving the accused was very large, rejected the bail application of the petitioner. 4. Mr. Amit Saxena, Advocate appearing on behalf of the petitioner vehemently urged that the learned Special Judge has erred in rejecting the bail to the petitioner, as the other s .....

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or the petitioner that merely a person found in possession of foreign currency, even with the intention of taking the same out of the country, if caught at a place other than the customs area, would not be liable to be punished under the Customs Act, though he may be liable for violating the provisions of the Foreign Exchange Management Act, 1999. It is further submitted that the petitioner is no more required for the purpose of investigation; pre-charge evidence is yet to be completed therefore .....

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there is no other responsible person to look after them. According to the counsel for the petitioner, the offence alleged to have been committed by the petitioner cannot be termed as the offence of grave magnitude calling for severest punishment. In support of his contentions, the petitioner has placed reliance on Anil Mahajan v. Commissioner of Customs & Anr. 2000 (2) JCC 302 and Gurcharan Singh & Others v. State, AIR 1978 SC 179. At last, it is contended that the petitioner has clean a .....

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ions raised by counsel for the petitioner. 6. I have heard the submissions made by learned counsel for the petitioner and the learned Special Public Prosecutor for DRI. I have also gone through the judgments relied upon by the petitioner. 7. After considering the contents of the present petition as well as the submissions made by counsel for the petitioner and by learned Additional Public Prosecutor for the State and on perusal of the material placed on record, this Court i .....

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