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TMI Blog2019 (5) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... ndreds of crores. According to him, M/s.Flemingo Duty Free Shop Pvt Ltd.was earlier holding monopoly in the above business in India. Since the petitioners intended to operate chain of such business in India, he had invested about 200 crores of rupees. According to the petitioners, M/s.Flemingo had challenged to retaliate by various methods, in connivance with the customs authorities. M/s.Flemingo initiated a litigation relating to the awarding of contract, which was taken up to the Supreme Court and the petitioners company was successful through out. However, they could commence the business in Thiruvananthapuram only on 3rd September 20187 after waging a long drawn legal battle against M/s.Flemingo. 4. According to the petitioners, after the business of M/s.Flemingo was stopped in Trivandrum, their employees approached the petitioners' company CEO for job and the petitioners' company decided to exploit their skill and experience in that business. Accordingly, believing them, they were taken into employment. It is alleged that M/s.Flemingo conspired with the exemployees and customs officials to sabotage the business. 5. On 21/12/2017, the customs authority conducted a r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 1.25 lakhs or less, which was blown beyond proportion into a huge malpractice. Petitioners contended that the statements of all the officers of the petitioners' company have been recorded and the CEO was also arrested. According to the petitioners, custodial interrogation of the petitioners herein is not required and they sought bail. 7. The Superintendent of Customs has filed detailed objections referring to various documents and raising counter allegations. They have also alleged very serious malpractices including financial fraud , violation of provisions of the Passport Act and also the violation of the Official Secrets Act. It was claimed that, investigation is going on and custodial interrogation of the petitioners herein is essential. According to the Customs, one Madan was interrogated by the customs. He was not co-operating with the questioning. In the course of questioning, he attacked the Superintendent of Customs one Vivek. Madan tried to escape from the interrogation room. He fell down and sustained some injuries on the head. It was alleged by the petitioners that the customs authorities had assaulted him. Infact, Vivek had laid a complaint before the police a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Foreign Currency equivalent to Rs. 2.1 Crores in the deposits of foreign currency made. It was further alleged that, funds collected were diverted and the petitioners had committed offences under the Foreign Exchange Management Act 1999 and Prevention of Money Laundering Act 2002. The Directorate of Enforcement has taken over the issue. It was contended that, in response to some of the allegations, the Central Bureau of Investigation has also initiated investigation. 9. Vehemently, opposing the application for bail, learned Special Prosecutor for Customs Authorities reiterated the allegations. It was also contended that, though summons under the Customs Act were issued to the petitioners, they did not comply with the directions and did not co-operate with the investigation. It was also stated that various materials have been brought out which show the close contact between the petitioners and some of the officers of the customs authorities, Airports Authorities and several other persons. It was also alleged that, the petitioners have not submitted the various returns under different statutes. 10. Heard the learned counsel for the petitioners and the learned special prosecuto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting that Madan was injured at the hands of the customs authorities. The counter affidavit filed by the Airports Authorities stated that CCTV footage indicated that Madan was assaulted. Crime was also registered as crime No.224/2018. On the other hand, there is yet another case registered alleging that Madan along with others had assaulted the customs authorities. Yet another crime is registered by an Ex Employee of the M/s. Plux Max, stating that he was abducted by the petitioners' for preventing him from giving evidence against the company. In W.P.(C) No.1641/2018, this court found that the suspension of the licence and the closure of DFS temporarily was not justified and directed opening of DFS. In W.P.(C) No.21063/2018, this court had believed the version of the company that customs authorities were enimical and consequently, the Chief Commissioner of Customs was directed to entrust the further investigation to other officers than the Commissioner of Customs (Preventive), against whom bias was alleged. The above materials show that there were allegations and counter allegations of misuse of power, interference in the investigation and use of criminal force. Bias was alleged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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