TMI Blog2021 (9) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... ualify as a person aggrieved; but at the same time, when question was posed to the learned Additional Solicitor General that whether any chances of arrest are there, he fairly submitted that Section 19 of the Act of 2002 empowers them to make an arrest, and thus, there cannot be a denial of seeking invocation of the said provision of law. Since it is an accepted position that no offence has been found to be made out against the present petitioner until now and no material so as to make such arrest is available on record till date, therefore, the present stay petition is disposed of, with a direction to the petitioner to immediately appear in person before the respondents in pursuance of the summons issued to him by the respondents and co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 50 of the Act of 2002, in pursuance of which the petitioner appeared in person before the respondent No.1 on 29.07.2020; thereafter again, summons were issued to the petitioner. 7. Learned counsel for the petitioner also submitted that the information of the Scheduled Offence and ECIR was not given to the present petitioner, despite the same being sought by him. 8. Learned counsel for the petitioner further submitted that the petitioner has an unblemished business record. 9. Learned counsel for the petitioner also submitted that at this preliminary stage, the petitioner may be provided with all the necessary documents, and he is prepared to adhere to the summons and comply with the directions to the effect of submitting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot even qualify as a person aggrieved. He has also narrated the factual matrix as to how the allegations include the export of Potassium Chloride (Muriate of Potash), which is a restricted commodity for export in terms of the Foreign Trade Policy, and the petitioner deviated from the same to commit the irregularity, by making an attempt to export the said restricted commodity, while mis-declaring its description and value in the export documents, and accordingly, for such irregularity, a penalty has been imposed upon the petitioner under Sections 114(i) 114(AA) of the Customs Act, 1962. 14. In support of his submissions, learned Additional Solicitor General relied upon the following judgments: (a) Union of India Anr. Vs. Kunisett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. Learned counsel for the petitioner, in his rejoinder, has relied upon the following judgments: (a) Mahanivesh Oils and Foods Pvt. Ltd. Vs. Directorate of Enforcement, reported in 2016 SCC OnLine Del. 475; (b) State of Haryana Vs. Bhajan Lal, reported in 1992 Supp.(1) SCC 335; (c) Anand Kumar Mohatta Vs. State (Govt. of NCT of Delhi), reported in 2018 SCC OnLine SC 2447; (d) Ashok Munilal Jain Anr. Vs. Assistant Director, Directorate of Enforcement, reported in (2018) 16 SCC 158; (e) Rajbhushan Om Prakash Dixit Vs. Union of India, reported in SCC OnLine Del. 7281; (f) Benedict Denis Kinny Vs. Tulip Brian Mird and Ors. (Civil Appeal No.1429-1430 of 2020); (g) Commissioner of Customs, Calcutta Ors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties, but finds that any apprehension of arrest shall unnecessarily hamper the rights of the petitioner to answer the summons and appear before the concerned investigating officer for the necessary investigation. 18. Since it is an accepted position that no offence has been found to be made out against the present petitioner until now and no material so as to make such arrest is available on record till date, therefore, the present stay petition is disposed of , with a direction to the petitioner to immediately appear in person before the respondents in pursuance of the summons issued to him by the respondents and cooperate with the investigation to his best. 19. The respondents are however, restrained from taking any coerciv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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