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TMI Blog2018 (2) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... inquiry proceedings came to be initiated as F. No. DRI/AZU/GJ-01- ENQ-35/2017. 3. It has been submitted by the learned counsel for the petitioner that the petitioner is sought to be arrested on the basis of statement of the co-accused which was later on retracted. The learned counsel also submitted that on 23.07.2017 the petitioner was arrested in other offence and while in custody he was again shown as arrested in yet more offence on 30.08.2017 and in both the cases the petitioner earned default bail in absence of the charge-sheet by the respondents as they could not get material against the petitioner. 3.1 It was argued that in the instant case the muddamal allegedly belonging to the petitioner was seized on 01.08.2017 when the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... occasions the petitioner had voluntarily appeared before the respondent and at no point of time his statement was ever recorded. It was contended that the respondent is thus not interested in investigation but only custody of the petitioner. The learned counsel for the petitioner also submitted that the petitioner has nothing to do with the firm Radhika, for whose transaction the petitioner is sought to be arrested, which is also made clear by Vishal and accused Sanjay in their respective statements. 3.4 The learned counsel for the petitioner submitted that by order dated 29.12.2017 passed in Criminal Misc. Application No.30460 of 2017, accused Sanjay has been admitted to bail. The learned counsel also submitted that the petitioner is rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Court to some Bank transactions between some entities to point out that the firms have been used by the petitioner for transferring the exact amount from one to other. 4.2 It was contended that no steps were taken against the petitioner after seizer of the goods on and after 01.08.2017 since the information that the petitioner is a master mind behind the said smuggled goods, was revealed to the respondent by Sanjay in his statements only on 08.11.2017. 5. Having considered the rival contentions, the most important material available with the respondent against the petitioner is the revealation made by accused Sanjay under Section 108 of the Customs Act, implicating the petitioner in the offence in question. True it is that, Sanjay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court from the said events, it is not possible to jump to the conclusion at this stage of the proceedings, that the respondent would not be able to gather material from the petitioner while in custody. 5.3 The respondent contended that information that the petitioner's involvement in the offence in question was revealed by two statements of co-accused Sanjay made on 08.11.2017. Thus in absence of contrary argument, it is not possible to held that the real purpose of the respondent is to harass the petitioner rather than investigating the matter. 5.4 The petitioner contends that he has appeared on as many as five occasions with the respondent, voluntarily to make the statement and cooperate with them. The said fact is disputed by the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iting the specified sum of amount in this case, the question is of unearthing the scam of smuggling of the goods allegedly undertaken by the petitioner by establishing different firms operated under the dummy name of other persons, as prima facie revealed by coaccused Sanjay. Therefore, despite petitioner's willingness to deposit a specified amount, this Court would not exercise discretion under Section 438 of Cr.P.C. 5.8 The petitioner has two more cases to his credit alleging smuggling of 27 kgs. of gold and cigarette respectively. It is also pointed out in the affidavit-in-reply by the respondent that the petitioner had indulged into avoidance of sales tax as well. With the said history and the material, more particularly, the one revea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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