TMI Blog2015 (11) TMI 1603X X X X Extracts X X X X X X X X Extracts X X X X ..... c Ton Red Sander Wood valued at ₹ 23.3 crores, which is a very precious and scarce natural resource of the country - other reasons also presented - It goes without saying that any observation made in the aforesaid order shall not affect the merits of the case at trial - this Court 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I-02, New Delhi 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 similarly placed co-accused Babu @ Bobby has already been enlarged on bail vide order dated 14.5.2015 and submits that the petitioner is falsely implicated in the case as he was forced/coerced to sign some already written papers, contents o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. 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 antecedents and has roots in the society and there is no apprehension of his absconding or likelihood that he may tamper with evidence, especially when the witnesses in the present case are public officers and all the incriminating material against the petitioner is in possession of the concerned department. Therefore, the petitioner ought to be granted bail in the present case. 5. Mr. P.C. Aggarwal, learned Special Public Prosecutor for the DRI vehemently opposed the aforesaid contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of jurisdiction and case under the Customs Act 1962 is not made out, therefore the applicants are entitled for bail , but after some arguments, the same had been withdrawn by the applicants. Accordingly, the same was dismissed as withdrawn vide order dated 19.3.2015. e. The petitioner cannot seek parity with the co-accused Babu @ Bobby, as the bail was granted mainly on the medical condition of the accused as he was suffering from TB. 8. It goes without saying that any observation made in the aforesaid order shall not affect the merits of the case at trial. 9. In view of the aforesaid, this Court is of the considered opinion that the petitioner does not deserve the concession of bail in this case, at this stage. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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