TMI Blog2019 (5) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... art from the allegations of misuse of licence, allegations under the Official Secret Act, Passports Act, Money Laundering Act are also now raised. There is another allegation that the entire records were not produced. Though the first petitioner was questioned under summons, thereafter, he did not report in spite of issuance of repeated summons. There is a further allegation that he did not produce the entire records for the purpose of investigation. All the above allegations are the offshoot of the main allegation of malpractice in the DFS. Considering the facts, specific allegation of bias and considering the fact that allegation of prosecution is serious which need to be pleaded and also considering the fact that all most all the transactions are covered by documentary evidence, I am inclined to direct the petitioners to surrender before the investigating officers - The petitioners shall surrender before the investigating officers within ten days from today. If they so surrender, after interrogation, if they are proposed to be arrested, Petitioners shall be released on bail on each of the petitioner executing a bond for a sum of ₹ 5,00,000/- with two sureties for the li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de Foreign Liquor( FMFL) which were allotted to the DFS Trivandrum were diverted and sold to others. It was alleged that malpractice running into crores of rupees were committed. According to the petitioners, during the period from 3/9/2017 to 21/12/2017, out of the total 96,210/- FMFL bottles transported to the warehouse of Trivandrum from Chennai, petitioners' company had sold 80,244 FMFL as on 21/12/2017. Pursuant to the raid, a mere shortage of 65 bottles were allegedly found out. However, the customs authority, after seizing the several records of the DFS, publicly reported that malpractices running into crores were found out. The licence of the DFS was temporarily suspended and after legal battle, the petitioners were permitted to conduct the business. 6. According to the petitioners, CEO of the company had doubted in December 2017 that there was hacking in the datas stored in the system of the petitioners' company which got corrupted. It was got verified and was confirmed. There was also Ransomeware virus attack. IT report obtained by the company indicated hacking of data. Accordingly, complaint was laid under the provisions of the IT Act before the D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered against said Madan and two other employees of the petitioners' company for various offences including one under section 323 IPC. It is also alleged that they also obstructed the discharge of the official duties by the customs authorities. 8. In the course of the investigation, the accused along with other staff of the petitioners abducted one of the crucial witness, it was contended. He was produced before the Chief Commissioner of Customs and he was forced to give a false complaint against the investigating team. After he was let out, he lodged a complaint against the officials of the petitioners company. FIR No.152/2018 was registered by the police against the management of M/s.Plus Max Duty Free Pvt.Ltd., its CEO and few other persons. According to the customs authority, the petitioners' company has violated the provisions of the Special Warehouse(Custody Handling of Goods) Regulation 2016 and the license conditions. It was also found on verifying the computer system of the accused company, by M/s. CDAC (Centre for Development of Advanced Computing), Trivandrum, a Government of India enterprises specialized in analysis of Cyber Forensics for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he customs. Examined the records which are made available. 11. It is an admitted fact that there were several malpractices in the DFS. It seems that in the search conducted, discrepancies were found out and several records were seized. Even the petitioners herein in his bail application has pleaded that, to defeat the interest of the company, the employees in connivance with M/s.Flemingo have committed various irregularities. It is surprising that the petitioners who were regularly verifying the accounts and details of sale did not notice this. The petitioners have a specific pleading that computer system was hacked. This is demolished by the report obtained by the customs authorities that there was no hacking. 12. Even though there is an allegation that, only 65 bottles were found short, customs authority has specific contention that even at the time of search, malpractices to the tune of ₹ 6 Crores were detected. Now it seems to have raised to the tune of ₹ 16 Crores. A close perusal of the detailed counter affidavit shows that all the irregularities alleged against accused centre around the irregular sale of FMFL only. That relate to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and use of criminal force. Bias was alleged against the customs authorities. Cases and counter cases have also been registered. In this scenario, it is difficult to ascertain, who is at fault. It is also pertinent to note that the writ court had directed that at the time of interrogation of his employees , assistance of the advocate shall be provided and sufficient safeguards were also provided. It seems that CEO of the company was arrested. In W.P.(C) No.21063/2018 at paragraph 105, it was recorded that Customs Department had informed the Court that the entire investigation has been completed. That judgment is dated 21/12/2018. If that be so, at this length of time, I doubt whether custodial interrogation of the petitioners herein is any longer required. 14. However, the allegations against the petitioners are serious. Apart from the allegations of misuse of licence, allegations under the Official Secret Act, Passports Act, Money Laundering Act are also now raised. There is another allegation that the entire records were not produced. Though the first petitioner was questioned under summons, thereafter, he did not report in spite of issuance of repeated summons ..... 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