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TMI Blog2019 (6) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... category of prohibited goods defined under Section 2(33) of the Customs Act and therefore, the import of the so-called base oil is treated as smuggled goods as defined under Section 2(39) of the Customs Act. 3. Learned Advocate for the applicant submitted that the applicant was initially summoned and in response to the summons, when the applicant produced himself before the authorities, arrest was effected on 9-10-2018 and since then the applicant is in custody. 3.1 It is submitted that the import of the base oil in a particular vessel was undertaken by three different parties, one of them being the company of the applicant, other being one Rajkamal Industrial Pvt. Ltd. It is submitted that said importer Rajkamal Industrial Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... definitions, the product in question would not fall in the definition of HSD. 3.4 Learned Advocate for the applicant submitted that the applicant has been arrested since long. No remand has been sought. Therefore, practically, investigating qua the applicant is concluded and no useful purpose will be served to continue the applicant in custody. 3.5 Learned Advocate for the applicant further submitted that the offence under the Customs Act is compoundable and the punishment prescribed is only 7 years. Hence also, the case of the applicant deserved to be considered. 3.6 Learned Advocate for the applicant lastly submitted that the applicant has concluded 45 days custody and in any case, shortly, the applicant would be entitle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duct being HSD. The Court has also taken into consideration the statement of the applicant recorded at various stages and that of the buyers statements, which indicated that the buyers had purchased the product as base oil. 6. The Court has also considered the submission of Learned Advocate for the applicant that the applicant has been in custody since 8-10-2018 and the Department has yet not taken any action towards launching of prosecution. 7. Considering the fact that the offence under the Customs Act is compoundable and the maximum sentence is of 7 years, the Court is inclined to consider the case for bail on certain conditions. 8. It is also found that during the course of investigation, remand of the applicant was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny, to the Lower Court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] report every Monday of English calendar month with the Assistant Director, DRI, Ahmedabad Zonal Unit, Ahmedabad for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 13. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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