TMI Blog2015 (12) TMI 1700X X X X Extracts X X X X X X X X Extracts X X X X ..... t for smugglers and as per the details given by co-accused person, the Red Sanders of the value of ₹ 4-5 crores has been smuggled out of the India, the Court below is found to have committed error while granting bail to the accused respondents. The cancellation of bail applications filed by the petitioner are allowed - decided in favor of Revenue. - S.B. Criminal Misc. Bail Cancellation Application Nos. 4688 and 8363 of 2014 - - - Dated:- 2-12-2015 - Mahesh Chandra Sharma, J. Shri S.S. Hasan and Lokesh Sharma, for the Petitioner. Shri Rajesh Sharma and Suresh Sahni, for the Respondent. ORDER These cancellation of bail applications have been filed under Section 439(2) CrPC. 2. The factual matrix are that the petitioner Directorate of Revenue Intelligence received a specific intelligence that one syndicate, whose kingpin is one Mr. Anil Gadodia, is involved in illegal storage and then export of red sanders, a prohibited item under CITES (Convention on International Trade in Endangered Species) of Wild Fauna and Flora in the guise of genuine exports. As per the intelligence report, Anil Gadodia used to procure Red sanders in trucks from South India an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8-9-2013 by DRI at Delhi and Jaipur. 4. The search conducted at residential cum business premises of Mr. Anil Gadodia at Kedar Building, Old Subji Mandi, Delhi resulted in recovery of around 23.03 kgs. of red coloured wood and [75.9] kgs. of brown coloured wood, ₹ 14.5 lacs in cash and certain incriminating documents/laptop/CPU/pen drives, which were resumed for investigation. One Mr. Shiv Kumar Jogi, who came during the search at the residence of Shri Anil Gadodia to make the payment for the purchase of red sanders also inter alia stated that he had been purchasing Red sander wood from Shri Anil Gadodia in cash without any bills and the cash of ₹ 10 lacs recovered from him belonged to Mr. Gadodia for the red sanders he had sold him without bills. The cash of ₹ 10 lacs was also resumed under panchanama dated 28-9-2013. The cash amounting to ₹ 24.50 lacs and goods/documents, resumed on 28-9-2013 under panchnama, were later on seized under Section 119 of the Customs Act, 1962. 5. The search conducted at the godown of Mr. Gadodia at A-32, Wazirpur Industrial Area, Delhi, resulted in recovery of one exercise book marked virat containing details related to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds, therefore, the above goods were later on seized under the Customs Act, 1962. Various other searches were made at the residence of Mr. Mayur Ranjan at NP 157D, Near Gopal Mandir, Pitampura, New Delhi, at the residence of Mr. Yodying @ Chan at F-76, 3rd Floor, Mansarovar Garden, New Delhi; at the go-down of Mr. Daljeet at Khasra No. 33/15, Village Nilothi, Vikas Vihar, Chander Vihar, Nilothi Extn. Gali No. 9, New Delhi; at the residence of Mr. Daljeet at 94, Upper Ground Floor, Abchal Nagar, Nilothi Extn., Chander Vihar, Delhi; at the residence of Shri Saurav Chopra at WZ-276-C, 2nd Floor, Inderpuri, New Delhi; at the residence of Shri Kamal Negi at B-12/24, Kaushik Enclave, Burari, New Delhi, which resulted in recovery of various articles and lacs of rupees and the same were later-on seized under the Customs Act. 7. Mr. Anil Gadodia and Mr. Rameshwar Sharma were found involved in illegal trade and export of red sander wood and accordingly, an FIR No. DRI F. No. 840/JPR/19-XXIII/2013 was registered at Directorate of Revenue Intelligence, Regional Unit, Jaipur for the offences under Section 132, 135A, 135B and 135C of the Customs Act, 1962. Thereafter the investigation was comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inite stand taken by the Department that the red sanders recovered from the godown of Anil Gadodia were meant to the exporters through Rameshwar Sharma in containers meant for export of marble. Taking into consideration the past conduct of the petitioners, this Court is of the view that the petitioners have been actively involved in export of prohibited item, by adopting illegal means to enrich themselves unlawfully. Offence, committed by the accused is a social economic offence. They acted for greed. Taking the past transactions into consideration, this court is of the view that it is difficult to rule out that if the petitioners are released on bail, they will not indulge in similar activities. To prohibit re-occurrence of offence of similar nature, this Court is of the view that the petitioners are not entitled to benefit of grant bail. It has come in evidence that several cases have been registered at Delhi. Director of Revenue Intelligence is in process of unearthing previous transactions and offence committed by the petitioners in past. Therefore, to facilitate the Investigating Agency to find out involvement of the petitioners in previous transactions of illegal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under Section 132, 135(1)(a), (b) and (c) of the Customs Act, 1962 with imprisonment upto seven years and with fine in connection with seizure of 14.25 Mts of red sanders at CFS Mundra from containers of M/s. Eurro Exports, Jaipur. He has further contended that accused Yodying had disclosed the name of consignee who exported Red Sanders by using export firms/companies. As per the details given by him, through Anil Gagodia and Rameshwar Shama, value of Red Sanders smuggled out of the India is ₹ 4-5 crores. He has further contended that there is clinching evidence that Rameshwar Sharma was smuggling prohibited wood Red Sanders after receiving it from Anil Gadodia and who was actively in touch with Mayur Ranjan @ Vijay, Rameshar Sharma and Yodying. 11. He has placed reliance on the call details and urged that all the accused being members of syndicate were involved in illegal activities and they had a meeting near Chandwaji on Jaipur Delhi Highway in connection with illegal export of Red Sanders. Besides this, there is a statement of Suresh Kumar Sharma, a relative of Rameshwar Sharma, which clearly gives depiction as to how red sanders logs were sealed and packed between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Rawat v. The State (v) 1994 Cr. L.J. 188 - (Raj Kumar Gupta v. Union of India) (vi) 2008 (13) SCC page 584 - Naresh K. Amin v. State of Gujarat (vii) 2009 (13) SCC page 785 - Manjit Prakash Ors. v. Shoba Devi Anr. (viii) 2009 (14) SCC page 638 - (Subodh Kumar Yadav v. State of Bihar) (ix) 2011 (6) SCC page 189 - Prakash Kadam Ors. v. Ram Prasad Vishwanath Gupta (x) 2013 (1) CLR Page 321 - Madhvi Sharma (Smt.) v. State of Rajasthan. 14. On the other hand, learned counsel for the accused respondents have opposed the same. They have contended that the accused respondents have correctly been granted bail and bail once granted is not liable to be cancelled. They have further contended that the petitioner has not made out a strong case that the impugned order is manifestly illegal, unjust and improper. No compelling situation has been made out in the said application for the cancellation of bail. They have further contended that merely because there is a serious offence against the accused respondents, it cannot be a ground for cancellation of bail, which has been granted by the court below after taking into consideration all facts of the case. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. 20. It is a fact that both the accused respondents were found involved in illegal trade and export of red sander wood and accordingly, a complaint in the case had been filed on 28-11-2013 against the accused persons before the Chief Metropolitan Magistrate (Economic Offences), Jaipur. Subsequently, they were arrested. After their arrest, they moved the bail application under Section 437 CrPC before the Chief Metropolitan Magistrate on 30-10-2013, which was dismissed vide order dated 1-11-2013. Thereafter the accused respondents moved a bail application before the Court of Sessions Judge, which was dismissed by the Court below vide order dated 15-10-2013 observing that in view of this Court, no case of grant of bail is prima facie made out by the petitioner having regard to peculiar facts and circumstances obtaining in this case as per records of the case. Subsequently the accused respondents filed S.B. Cr. Misc. Bail Applications before this Court but the same were rejected by the Coordinate Bench of this Court vide order dated 9-12-2013, taking into consideration the past conduct of the petitioners, the past transactions and the possibility that if the petitioners are re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances of the case, and the fact that Coordinate Bench of this Court had rejected the bail applications of the accused respondents vide order dated 9-12-2013 just few days before passing of the orders dated 25-2-2014, 12-5-2014 by Addl. Sessions Judge No. 8, Jaipur Metropolitan, making serious observations against the accused respondents, as mentioned hereinabove, as also the seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with, the larger interest of the public or the nation and similar other considerations, I pass the following order : (i) The cancellation of bail applications filed by the petitioner are allowed; (ii) The orders dated 25-2-2014, 12-5-2014 passed by Addl. Sessions Judge, Court No. 8, Jaipur Metropolitan, Jaipur in Bail Application Nos. 55/2014 and 143/2014 are set aside and the bail granted to the accused respondents Anil Gadodia and Rameshwar Sharma by Addl. Sessions Judge No. 8, Jaipur Metropolitan vide orders dated 25-2-2014, 12-5-2014 is hereby cance ..... 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