9911796707
TMI Blog2022 (8) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... of Harish Goyal and Rajesh Goyal. While petitioner - Harish Goyal seeks grant of anticipatory bail in respect of offences under Sections 135(1)(a), 135(1)(b) read with Section 135 (1)(i)(b) of the Customs Act, 1962 punishable under Section 104 (6)(a) of the Customs Act in DRI F.No.DRI/LDZU/856(INT-3/ENQ-1/2022, petitioner - Rajesh Goyal seeks modification of conditions, as imposed by the trial Court vide order dated 22.03.2022 (Annexure P-1 in CRM-M-18759-2022). 2. A few facts necessary to notice for disposal of the aforesaid two petitions are that both the petitioners, namely, Harish Goyal and Rajesh Goyal are Executive Managers of M/s Shakti Api Foods Private Limited. It is alleged that M/s Shakti Api Foods Private Limited had imported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court for depositing the balance amount. It was pursuant to the undertaking given by the petitioner - Rajesh Goyal himself, that he had been granted interim bail by the learned Additional Sessions Judge, Ludhiana. 6. In the other petition filed on behalf of Harish Goyal, the petitioner seeks grant of anticipatory bail. Vide order dated 30.05.2022, petitioner - Harish Goyal has been granted interim bail. The said order reads as follows: "The petitioner seeks grant of anticipatory bail in respect of a case registered for offences under Sections 135(1)(a), 135(1)(b) read with Section 135 (1)(i)(b) of the Customs Act, 1962 punishable under Section 104 (6)(a) of the Customs Act in DRI F.No.DRI/LDZU/856(INT-3/ENQ-1/2022, wherein the allegation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court on 30.05.2022 in Harish Goyal's case, an amount of Rs.4 crores stands deposited with the Directorate of Revenue Intelligence and that as on date a total amount of Rs.13.56 crores approximately stands paid out of the total custom duty of Rs.16.17 crores. It has further been submitted by the learned counsel, who is accompanied by petitioner - Rajesh Goyal present in person, that the balance amount of Rs.2.60 crores approximately shall be deposited by 30.11.2022 positively. Learned counsel has lastly submitted that since substantial amount stands already paid and the petitioner(s) also undertake to pay the balance amount by 30.11.2022, both the petitions deserve to be accepted. 8. On the other hand, learned counsel representing the Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances, this Court in exercise of inherent powers conferred under Section 482 Cr.P.C. accepts the petition on behalf of petitioner - Rajesh Goyal i.e. CRM-M-18759- 2022 and the time afforded by the trial Court for depositing the balance amount out of Rs.16.17 crores is extended upto 30.11.2022. In case, the said amount is not deposited by the said date, the trial Court would be free to pass any order as deemed appropriate in the facts and circumstances of the case. It is made clear that no further application for extension of time shall be entertained by this Court. 11. As far as petitioner Harish Goyal is concerned, having regard to the factual position, as already noticed above regarding deposit of the substantial amount of Rs.13 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
