9911796707
TMI Blog2019 (4) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... icated demand with the department towards payment of duty and furnishing copy of FDR of Rs. 3 crores to the department as well as trial Court within a period of 15 days. The petitioner/accused filed petition for anticipatory bail in complaint case under Section 132 and 135 of the Customs Act, 1962, registered at Police Station - DRI. As per allegations in the complaint, the petitioner was one of the Directors of M/s Modern Insecticides Ltd., Ludhiana and his premises was raided on 31.05.2018 and 01.06.2018. Some samples were drawn from the premises of the Company. Petitioner was travelling to Dubai along with his father and he had to come back immediately to India and joined the search operation. He was asked to deposit Rs. 2 crores toward ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome bank and should undertake to surrender that fixed deposit for payment of the legally adjudicated demand with the department towards payment of duty and he would furnish a copy of the FDR to the department as well as in the trial court within a period of 15 days from the date of passing of the order. Learned counsel for the petitioner submits that learned Additional Sessions Judge, Ludhiana has allowed the bail subject to the condition to keep an amount of Rs. 3 crores in a fixed deposit in some bank with an undertaking to surrender the fixed deposit for payment of legally adjudicated demand. Learned counsel also submits that the petitioner joined and cooperated in the investigation but by recording a finding that the petitioner did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment. It clearly shows that the condition has been imposed to have the FD of said amount in the name of the petitioner. In the present case the show cause notice was issued to the petitioner as he was found to be evading central excise duty by violating notification dated 14.11.2002 and duty of Rs. 1,34,55,737/- plus interest of Rs. 60,07,060/- plus penalty of Rs. 3 lacs, which was paid by him after he was booked in the case. As per allegations, the petitioner has evaded the duty and has caused great loss to the public exchequer. The offence is grave/serious in nature. While granting bail, it is to be seen by the Court as to whether grant of bail would hamper the investigation. The condition of deposit of said amount in the FD was for gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 19 crores is still pending against him. In his statement dated 12.07.2018, the petitioner has assured to provide the full details of outstanding export remittances within a period of one week but he failed to provide the same. As per notification dated 12.01.2016 (amended upto June 23, 2017), the amount representing the full export value of goods/software/services exported shall be realised within a period of nine months from the date of export. The petitioner has not cooperated in the investigation and just to ensure his availability during ongoing investigation, such condition was imposed. Moreover, the petitioner has been directed to deposit the amount in the form of fixed deposit in his own name only. Meaning thereby the petitioner w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
