UNION OF INDIA Vs. PADAM NARAIN AGGARWAL ETC

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the Union of India against the judgment and order dated November 30, 2006 passed by the High Court of Judicature for Rajasthan (Jaipur Bench) in S.B. Criminal Misc. Bail Application Nos. 7572 and 7573 of 2006 whereby certain directions have been issued by a Single Judge to the Customs Authorities. The High Court held that since the respondents herein were merely summoned under Section 108 of the Customs Act, 1962 to give their statements in the inquiry, anticipatory bail applications filed by them were pre-mature and were required to be disposed of. The learned Single Judge, therefore, ordered the respondents to appear before the Customs Authorities in response to the summons. He, however, directed that in case the Customs Authorities find that any non-bailable offence has been committed by the respondents, they shall not be arrested without ten days prior notice.

(3.) It is the case of the appellant (Union of India) that Director of Revenue Intelligence (DRI for short) was investigating the matter in respect of export of readymade garments by M/s B.A. International valued at Rs. 4.75 crores through various ports during December, 2000 to March, 2003. According to the allegation of the appellant, on the basis of information received from the Income Tax Department on September 15, 2006, investigation was conducted and search operation was carried out at two office premises of M/s B.A. International which revealed that the so-called suppliers of raw material i.e. fabrics and job workers of garments, were bogus and non-existent entities and at the declared address, no such firms or business entities were found. The accused thereby fraudulently availed drawback amounting to Rs. 75 lakhs approximately.