ROHIT SAKHUJA Vs. STATE

JUDGEMENT

(1.) This is an application filed by the petitioner under Section 438 read with Section 482 Cr.P.C. for grant of anticipatory bail in FIR No.254/2012, under Sections 380/468/471/34 IPC, registered at Police Station Pur Prahladpur.

(2.) Briefly stated the allegations against the petitioner are that on 25.5.2012, eight containers containing goods of various description, imported at ICD, Tughlakabad, New Delhi, were illegally taken out from the custody of CONCOR on the basis of gate passes which were apparently bearing forged signatures of Customs Officers. The said containers contained one thousand imported air conditioners, more than 600 imported gas cylinders of R-22 refrigerant gas and 580 cartons (62,40,000 sticks) of imported cigarettes of Indonesian origin. The total value of the goods was worth more than Rs. 10 crores.

(3.) It is also the case of the prosecution that R-22 refrigerant gas is an Ozone depleting substance and its import is restricted as per Foreign Trade Policy. The investigations by the Customs Authorities were conducted and the statement of the present petitioner under Section 108 of the Customs Act was recorded. Similarly, the statements of driver and co-accused of the present petitioner were also recorded, who took the name of the present petitioner pursuant to which raids were conducted at the godowns of the present petitioner and the goods which were illegally taken out, on the basis of the alleged forged documents, are stated to have been recovered. Similarly, the documents which are purported to be forged have also been recovered and the specimen signatures and handwriting of the petitioner have also been obtained and sent for comparison to the Forensic Laboratory. On the basis of these allegations not only a complaint case under Customs Act was filed against the present petitioner but an FIR was also registered on 27.8.2012 bearing No.254/2012, under Sections 471/380/468/34 IPC, registered by Police Station Pur Prahladpur. The petitioner is on bail in the complaint case under Customs Act, being a bailable offence.