MANU JAIN Vs. NEERJA SHAH

JUDGEMENT

(1.) THE petitioner -Manu Jain is a director of M/s. Bafna Healthcare Pvt. Ltd. He has filed the present writ petition for following reliefs: -

(2.) THE grievance and the case made out by the petitioner is that the office of the Central Excise, Faridabad had carried out search operations at the factory premises of M/s. Bafna Healthcare Pvt. Ltd. at Faridabad on 9th November, 2009 and 20th November, 2009, thirteen vehicles were seized. THEse vehicles were subsequently released on payment of duty.

(3.) ON 11th January, 2010, the petitioner No.1 was arrested by Arresting Officer (Anti -evasion), Delhi -IV and produced before the Court of Additional Chief Metropolitan Magistrate, Delhi. The petitioner No.1 was granted transit bail on furnishing personal bond with two sureties for his appearance before the Chief Judicial Magistrate, Faridabad on 12 th January, 2010 at 2.30 p.m. It may be noted that the petitioner had filed an application for anticipatory bail, which was rejected by Additional Session Judge, Faridabad on 11th January, 2010 as infructuous as the apprehension of the petitioner No.1 that he might be arrested was without any basis. It appears that only report from police station, Sector -7, Faridabad had been called for. Subsequently, the petitioner No.1 appeared before the Chief Judicial Magistrate, Faridabad and moved an application for bail. This application was opposed by the Department of Central Excise, Faridabad. The petitioner was not granted bail and vide order dated 12th January, 2010 passed by the Chief Judicial Magistrate, the petitioner No.1 was remanded to judicial custody till 25th January, 2010. The petitioner No.1 filed an application/petition before the Additional Session Judge, Faridabad. The said application was also rejected by the Additional Session Judge, Faridabad by his decision dated 18 th January, 2010.