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2002 (9) TMI 124

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..... as wrongly availing the benefit granted under Duty Entitlement Pass Book Scheme (DEPB) by submitting forged/false export documents and, thus, caused revenue loss to the State exchequer. One Satbir Singh is stated to be the proprietor of the said firm. The petitioner is one of the accused in the said case. He was arrested on December 22, 2002. As the Customs Authorities failed to file the challan within the mandatory period of 60 days, the petitioner was released on bail by the Sessions Judge, Amritsar, vide order dated February 22, 2001 (Annexure P-1), by granting him the benefit under Section 167(2) of the Code of Criminal Procedure. Thereafter, the Customs Authorities started investigating the firms under the name and style of M/s. Golden .....

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..... es. This itself shows that the petitioner is not going to abscond. He further contended that the petitioner is a major partner in three other concerns, namely, M/s. ATM International, M/s. Golden Tools International and M/s. ATM Forgings, Jalandhar. He has considerable stakes in the running of the above mentioned business ventures and, therefore, there is no question of his absconding from India. It has further been argued by Mr. Sibal that the inquiry/probe is going on in Dubai, whereas this time the petitioner wants to go to Egypt and Turkey. The counsel has argued that the petitioner's concern is a 100 per cent export oriented unit, therefore, he has to go abroad in connection with his business commitments. Still further he contends that .....

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..... he Special Leave Petition was dismissed by Hon'ble Supreme Court. 5. I have heard the learned Counsel for the parties and perused the file carefully. It is not denied that the petitioner went to Dubai five times after the grant of bail to him on February 22, 2001. On each occasion he returned to India. Moreover, the petitioner is a partner in three other concerns, namely, M/s. ATM International, M/s. Golden Tools International and M/s. ATM Forgings, Jalandhar. It shows that the petitioner cannot leave behind his interests in India by absconding to other countries. The petitioner is running a unit, which is 100 per cent export oriented unit. In order to promote his business interests, he has to go abroad and have business dealings with the .....

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