TMI Blog2021 (2) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... customs duty is ₹ 7,22,00,000/-. This Court is of the considered opinion that since the charge is yet to be filed and one of the accused persons namely Uttam is still at large, it would not be appropriate for this Court to release the applicant at this stage of investigation - This Court is of the considered opinion that at this stage, no case for grant of bail is made out. However, the applicants are at liberty to renew their prayer after the charge sheet is filed. Application dismissed. - Miscellaneous Criminal Case No.53810/2020 - - - Dated:- 8-2-2021 - Hon'ble Shri Justice Subodh Abhyankar For the Applicants : Mr. V.S. Negi, learned Senior Counsel along with Mr. Rajeev Kumar Jain, learned counsel For the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nagwani where from the possession of applicant No.2 certain incriminating documents were seized. Statements of the accused persons were also recorded under Section 108 of the Act wherein they have also admitted to have committed the aforesaid offence by undervaluing the invoices and evading duty. 3. Senior Counsel appearing for the applicants Mr. V.S. Negi has vehemently argued before this Court by submitting that the applicants have been falsely implicated in the present case, as they have already deposited a sum of ₹ 7,53,643/- with the respondent. It is further submitted that offence as alleged against the the applicants are bailable under Section 104 read with Section 135 of the Act, as the alleged value even as per the departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue of miss-declared goods amounts to ₹ 1,07,29,025/- (rupees one crore seven lakh twenty nine thousand twenty five). Thus, it is submitted that the applicants are not entitled to get benefit of Sections 104 and 135 of the Act. It is further submitted that charge sheet is yet to be filed. Apart from that, an unaccounted sum of money to the tune ₹ 82,67,900/- plus 5,000 US$ have also been recovered at the instance of the applicants. It is further submitted that despite specific order dated 17th February, 2020 passed by this Court in Writ Petition No.2315/2020, the applicants have not cooperated with the Department (DRI) and they never complied with the statutory summons issued by the Investigating Agency. Thus, it is submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts have already been sent to the judicial custody, the allegation of non-cooperation by them is also cannot be accepted. It is further submitted that applicant Hitesh Nagwani s/o Vijay Kumar Nagwani has also explained the recovery of currency form his house and as such, mere recovery of currency does not constitute an offence. It is further submitted that so far as valuation of goods is concerned, the same is still to be adjudicated by the concerned Adjudicating Authority of the Customs Department; and thus, the disputed question of law cannot be decided at this stage. Further it is submitted that otherwise also, the case is based on documentary evidence only and no purpose would be served to keep the applicants in jail. 9. Reliance has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the considered opinion that since the charge is yet to be filed and one of the accused persons namely Uttam is still at large, it would not be appropriate for this Court to release the applicant at this stage of investigation. The decisions cited by the Sr. Counsel are distinguishable on facts and have no application under the present facts and circumstances of the case. As the offences alleged under IPC are also non-compoundable. 12. In view of the same, this Court is of the considered opinion that at this stage, no case for grant of bail is made out. However, the applicants are at liberty to renew their prayer after the charge sheet is filed. 14. Accordingly, Miscellaneous Criminal Case No.53810/2020 stands dismissed. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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