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TMI Blog2018 (8) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... had approached the learned Additional Sessions Judge, Bhuj for anticipatory bail in Criminal Miscellaneous Application No. 268 of 2018, which was since rejected on 07.04.2018, he has approached this Court. 3. It emerges from the material on record that M/s. Agrocorp International Pvt. Ltd. ("the foreign seller" for short) entered into a contract with the company for purchase of Australian Desi Chickpeas, which were to be shipped from the Port of Gladstone, Australia. The foreign seller entered into a contract with Agrocorp India Trade Services Private Limited ( "the company" for short) for the sale of 2000 metric tonnes of Australian Desi Chickpeas, which they had procured from one company to be shipped from the Port of Gladstone, Austral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact that on 21.12.2017 itself at around 10:45 p.m. the notification NO.93 of 2017 was displayed on the notice board of the Customs House and published in the Official Gazette around 10:45 p.m., whereby the duty of Australian Desi Chickpeas was raised to 30% advalorem. The dispute between the parties started on issuance of the said notification, as according to the Customs Department, there was a nonpayment of the Customs duty, while clearing the imported goods on self-assessment basis. It was insisted that differential duty along with interest has to be paid, as the company had wrongly availed the custom duty exemption under the Notification No.50 of 2017 dated 30.6.2017. The summons was issued on 06.03.2018, whereby the applicant for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hah appearing for the Customs Act has fervently urged that it is not in dispute that the duty was nil on the Australian Desi Chickpeas till the Notification NO.93 of 2017 was issued at 10:45 p.m. on 21.12.2017. However, the goods were not cleared from the Port of Mundra and were not physically removed from the Port of Mundra. However, he does not dispute that the goods were already cleared and out of charge order also had been given. He has urged before the Court that till the goods were not physically removed, the notification would have an applicability. 8. This Court had specifically queried with the learned counsel with regard to the stand taken by the Department considering the fact that the Notification under section 93 of 2107 issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddress to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders; (e) will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately; (f) despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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