TMI Blog2021 (10) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... tardy, casual and irresponsible attitude of both the departments, this is deemed to be a fit case where the matter needs to be referred to the Central Bureau of Investigation (CBI) for conducting further investigation of the case and fix liability of the erring official(s) - appeal allowed by way of remand. - CRM-M-42144-2021 (O&M) - - - Dated:- 13-10-2021 - HON BLE JUSTICE MR. ARVIND SINGH SANGWAN Present:-Mr. D.S. Sobti, Advocate with Mr. Somnath Tayal, Advocate for the petitioner. Mr. Sanjay Bansal, Sr. Advocate with Mr. Amit Parsad, Advocate and Mr. Gurdeep Singh, Advocate for respondent No.1. Mr. Sourabh Goel, Advocate for respondent No.2. **** Prayer in this 2nd petition is for grant of anticipatory bail to the petitioner in Complaint Case, for offences under the Customs Act (Sections 135, 135-A, 132 and other Sections of Customs Act) pending before the Department of Customs, Customs Commissionerate, Ludhiana. The earlier one was dismissed by this Court, by passing the following order on 09.09.2021:- 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 Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the petitioner, it is stated that the petitioner on receiving a call from Sandeep, Inspector-ICD CONCOR (Import), has inquired about the importing of aluminium scrap from Dubai and he collected the documents of M/s P. S. Traders, Patiala, but he never proceeded with the file. In reply, learned Senior counsel for the respondent-CBIC on the basis of affidavit filed by the Commissioner of Customs, Ludhiana has opposed the prayer on the ground that the present petition praying for anticipatory bail at the stage when notice under Section 108 of the Customs Act, 1962 is issued, is not maintainable. Learned Senior counsel for the respondent-CBIC has referred to the judgment of the Hon'ble Supreme Court in Union of India versus Padam Narain Aggarwal and Others in Criminal Appeal No.-1575 of 2008 decided on 03.10.2008, wherein, in similar circumstances it was held that at the stage of issuance of a notice under Section 108 of the Customs Act, 1962, if bail is granted, it will amount to a blanket bail which is not permissible. Learned Senior counsel for the respondent-CBIC further argued that Paramjit Singh (Customs House Agent) and some other officials have alrea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und containing 39,60,000 Cigarettes (100 mm each) of four different brands, 10030 Kgs of iron scrap and 04 alloy wheels. Counsel for the petitioner has further submitted that the petitioner was apprehensive that since he has unearthed a scam, he may fell to the ire of the Customs Department as the Custom Official, who was the Port Incharge, when the consignment was allowed to move out of the Port without making any entry, is now made the Head of the Special Investigative Team and therefore, the petitioner has every apprehension that he will not get the justice. This petition is filed by arraying 02 respondents i.e. Department of Customs, Customs Commissionerate, Ludhiana respondent No.1 and Anti-Evasion Unit, Central Goods Service Tax, Commissionerate, Ludhiana respondent No.2. It is worth noticing that on the first date of hearing, Mr. Amanjit Singh, Joint Commissioner, Central GST Commissionerate, Ludhiana, has sent a Secret Note in a sealed cover stating that the petitioner Sunil Dutt was the secret informer/source from whose information, the consignment was confiscated by the Central GST, Ludhiana, leading to recovery of aforesaid articles. It is further stated th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and there is no reference of the petitioner being an informer of CGST, Ludhiana. Learned senior counsel for respondent No.1 has also submitted that on 19.04.2021, the Principal Commissionerate, CGST, Ludhiana, passed information regarding interception of the goods in violation of the Central Goods and Services Tax, 2017 and seizing of Cigarettes during e-way bill inspection. In this letter also, there is no communication regarding the status of the petitioner being an Informer of the CGST Commissionerate, Ludhiana. It is further submitted that as per the Intelligence Report (attached with the reply), it was gathered that Prabhjot Singh, Proprietor of M/s. P.S. Traders, is transporting/selling copper scrap vide Container No. TLXU2005983 and the goods will be declared as Aluminium Scrap but there will be either no e-way bill or a fraudulent e-way bill stating goods as aluminium. Learned senior counsel for respondent No.1 has then referred to the statement of Sunil Dutt (petitioner herein) wherein he has pleaded ignorance about the actual goods contained in the aforesaid container. Learned senior counsel for respondent No.1 has also submitted that on 09.06.2021, the Chief Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the CGST Commissionerate, Ludhiana, though, it was declared under the column description of goods as Aluminium Scrap at Serial No.1, 2 and 3 but on verification at Serial No.1, it was found to be Aluminium Scrap of 10030 Kgs and at Serial No.2 instead of Aluminium Scrap, it was found to be containing 39,60,000/- Cigarettes and at Serial No.3, 04 Alloy Wheels. Counsel for respondent No.2 has further argued that again, the information was sent to the Customs Department. The operative part of the communication dated 12.04.2021, reads as under:- 5. Investigation in the matter further revealed that the said consignment was imported by M/s P S Traders, Shop no.20/100, Turi Bazar, Near Anardana Chowk, Patiala vide Bill of Entry number 3479461 dated 08.04.2021, Bill of Lading No.TALDXB02657074 through M/s. Safe Cargo Clearing Services (CHA No.ACSFS5510KCH001) from ICD CONCOR, Dhandari Kalan, Ludhiana. On verifying details of the Bill of Entry from ICEGATE, it was found that the consignment covered by the Bill of Entry was shown as pending payment of duty and out of charge from Customs. It is also pertinent to mention here that seal bearing No.284951 was found intact when the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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