TMI Blog2021 (5) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... oney through non-banking/hawala channels is a subject matter of investigation by another authority and as and when and if and when investigation in this regard is initiated by other authorities to prove the involvement of the petitioner in the transfer of money through non-banking/hawala channels they can arrest the petitioner if a case is registered against him. Since this issue is not germane to the facts of the present petition, this Court is not inclined to go into this issue. The petitioner has been granted protection by this Court on 05.02.2021. The petitioner stated that he is prepared to join the investigation. Section 41A of the Cr.P.C provides that where the arrest of a person is not required under the provisions of Section 41( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , go-down and the residential premises of the petitioner. The material collected during the raid shows that the petitioner had grossly undervalued the White paper rolls imported by his firm M/s Essvee Marketing and had evaded the customs duty. b) The petitioner had declared the value of White paper in rolls of 591 numbers of 308.408 Metric Tonnes (for short MTs) to be of ₹ 1,40,27,815/- (Rupees One Crore Forty Lakhs Twenty Seven Thousand Eight Hundred Fifteen Only) while the correct value of the goods was valued at ₹ 4,23,02,119/- (Rupees Four Crore Twenty Three Lakhs Two Thousand One Hundred Nineteen Only). c) The material on record further shows that the petitioner had approached the Hon ble Customs, Excise and Ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation. He states that the petitioner had joined investigation on 23.10.2020 at DRI, Delhi and has joined investigation on 27.10.2020, 28.10.2020, 02.11.2020, 04.12/2020, 08.12.2020 and 14.12.2020 at DRI Ahmedabad. He would state that as far offences under Sections 132 and 135 of the Customs Act, 1962 are concerned, no useful purpose would be served in arresting the petitioner as there is nothing left to be unearthed. 4. Per contra, Mr. Harpreet Singh, Senior Standing Counsel appearing for the DRI contends that the petitioner is a habitual offender. He would state that the petitioner was arrested by Gujarat State Authorities in a case of fraudulent claim of VAT refund to the tune of ₹ 5.13 Crores. The High Court of Gujarat grante ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from this Court, without any summons the petitioner presented himself before the DRI Office and stated that he is prepared to join investigation. It is also contended that the petitioner is involved in duty evasion of about ₹ 13 crores for which the petitioner be convicted under Section 135 of the Customs Act 1962 and awarded imprisonment for a period of seven years. It is further stated by Mr. Singh that the petitioner is also involved in transfer of money through non-banking/hawala channels. 6. Mr. Singh would rely on the judgments of the Supreme Court in State of Gujarat v. Mohan Lal Jitamalji Porwal Ors, (1987) 2 SCC 364, and Y. S. Jangan Mohan Reddy v. CBI, (2013) 7 SCC 439, to contend that economic offences have to be v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms. When specifically asked as to why Customs Authorities require the custody of the petitioner, no specific answer is forthcoming. As stated earlier, all the documents are in custody of the Customs Department. This particular case involves violation of Section 132 and 135 of the Customs Act, 1962. The allegation that the petitioner is involved in transfer of money through non-banking/hawala channels is a subject matter of investigation by another authority and as and when and if and when investigation in this regard is initiated by other authorities to prove the involvement of the petitioner in the transfer of money through non-banking/hawala channels they can arrest the petitioner if a case is registered against him. Since this issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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