MANJUNATH Vs. D R I, NOIDA, U P

JUDGEMENT

(1.) The petitioner has filed the present bail application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for seeking bail in a Complaint Case No.02/1/2015 under Section 132, 135(1)(a), 135(1)(b) and 135(1)(c) of the Customs Act, 1962.

(2.) The allegations against the petitioner are that he was assisting the other co-accused in procuring red-sanders in trucks from South India, storing in their godown at Village Bakhtawarpur, New Delhi and further illicitly exporting from Delhi Port to Dubai and it was found that the illicit export of red sanders was attempted in the guise of genuine exports of 'Acrylic Bath Tubs and Bath Tub Accessories' under Shipping Bill No.0018327 dated 16.10.2014 to Sharjah, UAI in Container No. TTNU-3869887/20' under forged documents in the name of M/s. Aqua Plus Global, Plot No.3, NSEZ, Noida. It is also alleged that the present petitioner was knowingly indulged in the illegal export of Red Sanders and he was the active member of the smuggling racket and is involved in procuring, packing, transportation, storage, concealing, illegal export and dealing with the recovered red sander wood which shows that the petitioner is a member of the racket of international smugglers.

(3.) The petitioner had also moved the bail application before the learned Additional Sessions Judge/Special Judge, CBI-02, New Delhi District, Patiala House Courts, New Delhi, which was dismissed vide order dated 06.06.2015, which is impugned in the present petition. The learned Additional Sessions Judge/Special Judge, CBI-02, New Delhi District, Patiala House Courts, New Delhi, keeping in view the fact that the offence involved the stealing and smuggling of a very precious and scarce resource of the country and considering the fact that the operation involving the accused was very large, rejected the bail application of the petitioner.