UNION OF INDIA Vs. RAJNISH KUMAR TULI

JUDGEMENT

(1.) Leave

(2.) This appeal is directed against order dated 19.3.2008 passed by the learned Single Judge of the Punjab and Haryana High Court in Criminal Misc. No.43132M/2007 whereby he directed the concerned officers of the Directorate of Revenue Intelligence to examine and record the evidence of the respondent at their office at Ludhiana.

(3.) A perusal of the record shows that on 9.8.2005, Ahmedabad Zonal Unit of the Directorate of Revenue Intelligence registered a case against Tarachand group of companies, on the allegation of misuse of advance licence scheme. Summons were issued to the respondent on 6.9.2006, 11.10.2006, 17.11.2006 and 5.12.2006 under Section 108 of the Customs Act, 1962 (for short, 'the Act') for recording of his evidence at Ahmedabad because he was said to be one of the high sea sellers. As the respondent did not comply with the summons, proceedings were initiated against him under Sections 174 and 175 of the Indian Penal Code in the Court of Additional Chief Metropolitan Magistrate, Ahmedabad. The respondent also failed to comply with the summons issued by the concerned court. Therefore, arrest warrant was issued against him. The respondent challenged the same before City Sessions Court, Ahmedabad. He also applied for anticipatory bail. By an order dated 25.2.2007, the Sessions Court rejected the respondent's prayer for quashing the warrant, but granted him ten days time to appear before the Additional Chief Metropolitan Magistrate, Ahmedabad.