TMI Blog2016 (7) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... N. Singh For the Opposite Party : Govt. Advocate, Sanjai Kumar Singh JUDGMENT Heard learned counsel for the applicant and Sri Sanjay Singh, learned counsel for the Union of India. As per the prosecution story, an inquiry was being made with regard to smuggling of foreign origin cigarettes by the officers of Directorate of Revenue Intelligence (DRI), NOIDA, hereinafter referred 'DRI', against M/s Excel Enterprises, 141 Daulat Bag near Tara Building, P.S. Nagfani, Moradabad, which was a partnership firm run by one Javed Ahmad Khan and his brother Gulam Haider. Thereafter, on 18.8.2015 a complaint was filed before Special Chief Judicial Magistrate, Meerut by Union of India through Intelligence Officers, DRI of NOIDA ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt recorded under Section 108 of Custom Act was not given by the applicant but the same was recorded when the applicant was arrested and was recorded under the pressure of Officers of DRI, thus, it is contended that same can not be read against him. Learned counsel for the applicant has next contended that the applicant has never admitted in his statement recorded under Section 108 of the Custom Act that the seized foreign origin cigarettes were imported or stored by him; that without completing the investigation, the authority concerned filed complaint to prosecute the applicant; that no show cause notice was issued against the applicant under Section 124 of Custom Act till date. It is further contended that only penalty is sought to be le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s ailing at the relevant point of time and he was not involved in commission of the alleged offence as M/s S.N. Metal Casting Exports was being managed by other partners. It is next contended that the applicant has no criminal history and is a respected member of Society. It is also contended that the case is triable by Magistrate and there is no credible evidence against the applicant to connect him with the complicity of the alleged offence apart from the confessional statement of the co-accused persons. It is further contended that no useful purpose would be served in keeping the applicant behind bars and he is always willing to cooperate with the investigation or trial, which may be held against him, therefore, it is prayed that he may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n their premises. It is further contended that on the information received, on 15/16.4.2015, said consignment of foreign cigarettes was imported by M/s Pacific Industries was intercepted by DRI and on examination, it was found stacked with scrap comprising of motor engine parts and accessories. It is also contended that on account of aforesaid facts, summons were issued under Section 108 of Customs Act to the concerned persons for recording their statement. It is further contended that statement of Shah Faisal was recorded on 17.6.2015 wherein he stated that he along with his partner Munawar Ali was introduced by Waseem and his friends Imran and Anwar and also stated various roles played by Munawar Ali, Waseem, Imran, Anwar and Javed Ahmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s S.N. Metal Casting Export and Haji Munawwar Ali, father-in-law of Shah Faisal, is partner of M/s Pacific Industries and they had colluded for committing offence of smuggling foreign origin cigarettes. The applicant along with other co-accused persons were actively involved in smuggling the foreign origin cigarettes in contravention of Custom Act, thus, the bail application of the applicant has rightly been rejected. Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Nazim Ali Khan, involved in complaint case No.01 of 2015, under Sections132, 135(1)(A), 135(1)(B) of Customs Act, police station D.R.I. Noida, be released ..... X X X X Extracts X X X X X X X X Extracts X X X X
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