9911796707
TMI Blog2023 (11) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... and not committed any crime as alleged. He is neither required for any kind of investigation nor any custodial interrogation. He is having very good antecedents and no criminal case is pending against him. He is permanent resident of Mumbai so no chances of his absconding. No service of notice under section 41A of the Code of Criminal Procedure, 1973 is effected upon him. He is ready to abide any terms and conditions and cooperate for investigation. No useful purpose would be served by keep him behind the bar. Therefore he be released on bail. Hence this application. 2. On filling application notice was issued to respondent. In response to that Mr. Kamal Kumar, Intelligence Officer, SIIB (Import)/NCH, Mumbai submitted their reply dated 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ser duty on depreciated valued of the goods. 3. During the course of investigation it was unearth that in respect of 18 bills of entry only they have attempted to evade customs duty to the tune of Rs. 2.11 crores. In respect of remaining 45 bills of entry the relevant documents have been called from respective RTO authorities. It is also revealed that, they have also misdeclared the capacity of the cranes. They have declared lesser capacity whereas they get the crane registered with higher capacity which appears to correct declaration. The statement of applicant/accused was recorded. Search was conducted. The investigation is ongoing. He confessed the names of some persons with whom he used to practice misdeclaration and attempted to evade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore though much more argued on that point the same is required to be considered considering that on 16.11.2023 his further statement was recorded and he was allow to go. 5. It is the case of prosecution that, on the basis of intelligence gathered that M/s Charanjit Transport Co. having IEC no. 0516997050 having registered office at A1/139/ABlock/ Indrapuri, New Delhi12 is importing old and used crane by misdeclaring the year of manufacturing relatively newer than the declared year of manufacturing in order to under value the goods to evade applicable customs duty which was evident from the copies of registration particulars of imported crane. Thereafter 63 bills of entry for the period from 17.10.2018 to 16.10.2023 for clearance of 65 uni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08.2023 he was appeared and his statement was recorded. Thereafter on 16.11.2023 he appeared before the authority. Though the investigation of the offence is going on but the same is basing on the documents which are with respective RTO. The prosecution called those documents from them which will take time. It is submitted by Ld. Special PP that, he was not cooperative and not submitted documents though demanded. Ld. Counsel arguing on his behalf submitted that, most of the cranes are sold and the documents are with purchasers. But he made available certain documents of which copies submitted on record. It is also submitted that, he be submit the copies of documents which are available with him. Therefore though earlier he was not responded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uence and tamper with the prosecution witnesses and evidence. He shall cooperate for further investigation of the case. 5. He shall not pressurize the persons whose names are disclosed by him during recording of his statement. 6. He is directed to remain present on 15 working days from the day of his release in between 11:00 am to 04:00 pm before the Senior Intelligence Officer of this case, SIIB (Import), New Customs House, Mumbai 01 and thereafter on every working Monday and Friday in between 11:00 am to 01:00 pm at the New Delhi Office of SIIB before concern officer for further period of 1 month. The Senior Intelligence Officer of this case to inform him the name of such officer of New Delhi before whom he should mark his presence. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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