TMI Blog2022 (8) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... nds paid. In these 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. Having regard to the factual position, regarding deposit of the substantial amount of Rs.13.56 crores approximately, this Court does not deems it to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 white sugar from foreign country legally on the basis of an advance license issued by the Government and the same was to be exported back after preparing liquid glucose. It is the case of the prosecution that the said company instead of processing the sugar into liquid glucose and exporting it back, diverted the said sugar into open market in contravention of the provisions of Advance License. The Directorate of Revenue Intelligence under the Customs Act, thus, imposed a custom duty assessed to the tune of Rs.16.17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tered 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 allegations are broadly to the effect that an amount of Rs.16.17 crores is due to be recovered from the accused as custom duty. Learned counsel for the petitioner has submitted that a co-accused namely Rajesh Goyal, who is Director of the company i.e. M/s Shakti Api Foods Private Limited, has already deposited an amount of Rs.9.50 crores and that the petitioner, in order to prove his bonafidies but without prejudice to his rights to defend the case, is willing to deposit an amount of Rs.2 crores with the Custom Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted 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 Directorate of Revenue Intelligence has vehemently opposed the petitions on the ground that petitioner Rajesh Goyal having undertaken before the trial Court to deposit the balance amount within 2 months i.e. by 06.06.2022, but not having deposited the same, has failed to abide by his undertaking and has virtually violated of conditions of grant of interim bail inasmuch as the trial Court had granted interim bail only pursuant to the said undertaking given by petitioner Rajesh Goyal himself for deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication 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.13.56 crores approximately, this Court does not deems it to be a case warranting custodial interrogation. The petition filed on behalf of petitioner Harish Goyal i.e. CRM-M-20066-2022 is also accepted and the interim directions issued by this Court vide order dated 30.05.2022 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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