TMI Blog2020 (10) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... ore so, in cases of economic offences, and that economic offences stand as a different class as they affect the economic fabric of the society. The applicant has not yet been made an accused. But he apprehends arrest. There are no sufficient material to show that he will be arrested. Merely because he was questioned for 60 hours by the Customs Department does not indicate that he is intended to be made an accused - The fact that the applicant was in constant contact with one of the prime witness, namely Swapna Suresh, and that he had even volunteered to help her by contacting his Chartered Accountant and asking him to assist her in managing her finances indicates that there is a fair possibility that applicant knew about the involvement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ATC based on an allegation that the persons named Sarith, Swapna and Sundeep along with several other accused smuggled primary gold from abroad through diplomatic channel of UAE consulate. Consequently, other investigating agencies like the NIA, and the Enforcement Directorate also registered Crimes against the aforesaid accused persons and the present Crime is being investigated. The Enforcement Directorate as well as the NIA also had questioned the applicant several times. It is stated that he has been interrogated for more than 90 hours by all the three agencies together. Yet, none of the aforesaid investigating agencies could collect any incriminating materials against him even after hundred days of investigation. However, the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vananthapuram and is undergoing treatment for radiating pain to his lower back and legs. The applicant states that he has complied with all directions so far and there is no possibility of his evading from the process or absconding. He is prepared to appear before the respondents as and when directed by them or by this Court. One of the accused, in the aforesaid Crime, namely Sarith, was brutally manhandled by the Customs officials so as to extract statements in tune with their investigation. When the said accused was produced before the Additional Chief Judicial Magistrate (Economic Offences), he gave a statement to the Magistrate to that effect. A copy of the statement is at Annexure-3. The applicant apprehends that in case he is arrested ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The learned Senior Counsel appearing for the applicant would submit that there is no embargo under the Customs Act from seeking pre-arrest bail. On the fact that the applicant has been constantly harassed and questioned for more than 60 hours by the respondents and the Customs officials indicating that that they are bent upon creating materials to implicate the applicant as an accused, and therefore, he is entitled to pre-arrest bail. 6. Per contra, the learned Senior Counsel Sri.K.Ramkumar, appearing for the Customs Department submits that the applicant has not even made it clear as to the offences for which he is likely to be arrested by the Customs Department. Since there are sufficient materials to indicate that the applicant has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to appear before the Customs Authorities. 8. A Division Bench of this Court in Kishin S.Loungani v. Union of India and Others [2017(1)KHC 355] has relied upon the decision of the Honourable Supreme Court in Padam Narain Aggarwal (supra) as also the decisions in Romesh Chandra Mehta vs State Of West Bengal [AIR 1970 SC 940] and Assistant Collector of Central Excise, Rajamundry v. Duncan Agro Industries Ltd. ((2000) 7 SCC 53 : AIR 2000 SC 2901), which were referred to in Padam Narain Aggarwal (supra). 9. The learned Senior Counsel appearing for the applicant has relied upon the decision in Sushila Aggarwal and Others v. State (NCT of Delhi) and Another [(2020) 5 SCC 1] to argue for the proposition that there is no inexorable rule tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of Enforcement [2017 KHC 6767 : (2018) 11 SCC 46] , wherein it was held that economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. In Y.S. Jagan Mohan Reddy v. CBI [2013 KHC 4402 :(2013) 7 SCC 439], the Honourable Apex Court held that economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. 11. The applicant has not yet been made an accused. But he apprehends arrest. There are no sufficient material to show that he will be arrested. Merely because he was question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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