TMI Blog2021 (9) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... o be dismissed - Even otherwise, there are serious allegations of causing a huge financial loss to the State Exchequer and therefore, even on merits, this petition is liable to be dismissed - petition dismissed. - CRM-M-36126-2021 - - - Dated:- 9-9-2021 - HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Mr. Ankur Ghai, Advocate for the petitioner Mr. Sanjay Bansal, Senior Advocate with Mr. Amit Parshad, Advocate Ms. Astha Chetan, Advocate and Mr. Gurdeep Singh, Advocate for the respondent-CBIC ORDER ARVIND SINGH SANGWAN, J. (Oral) This is a petition filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in complaint case, offences under the Customs Act (Section 135, 135-A, 132 and other Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther submits that the petitioner was neither approached by the party directly nor he had submitted any documents for the physical examination of the goods. Learned counsel for the petitioner further submits that in fact on coming to know that instead of aluminium scrap, 39,60,000 cigarettes (100 mm each) of four different brands were imported without paying the custom duty, the petitioner made a representation to the Department and on his complaint, the action was initiated against the erring Custom Officers and therefore, the petitioner has been falsely nominated in this case. Learned counsel for the petitioner has referred to a communication made by the Principal Commissioner, Central Goods and Services Tax Commissionerate Ludhiana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a loss of about 2.98 crores and therefore, the present petition is liable to be dismissed. After hearing learned counsel for the parties and considering the facts and circumstances of the case, it is apparent that the notice to the petitioner was issued on various dates w.e.f. 12.08.2021 and instead of appearing before the Custom Authorities, the petitioner preferred to present his anticipatory bail application before the Court of Sessions, which was dismissed on 24.08.2021. In view of the aforesaid judgment of the Hon'ble Supreme Court in Union of India versus Padam Narain Aggarwal and Others case (Supra), the present petition is not maintainable and is liable to be dismissed. Even otherwise, there are serious allegations of c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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