SUNIL GUPTA Vs. DIRECTOR OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Petitioner seeks anticipatory bail as he apprehends arrest by the Directorate Revenue Intelligence- customs officials for commission of offence punishable under Section 135 of the Customs Act.

(2.) It is the case of the Directorate that on receipt of specific intelligence that certain importers had been indulging in import of electronic goods by mis-declaration, the officials of the Directorates Intelligence examined the records of five companies, viz, M/s. Nirvana Trading Co. Delhi, M/s. Amry Trading Co. Pvt. Ltd. Delhi, M/s. Gracia International, Delhi, M/s. R.B. Enterprises, Navi Mumbai and M/s. Aar Jay Trading Company which revealed that these firms had misdeclared in terms of description, quantity and value to the tune of Rs. 3 crores but declared their consignments giving their values as Rs. 7.07 lakhs only and that those consignments belonged to the firms owned by the petitioner. According to the Directorate the petitioner appears to the king pin who is involved in import of the electronic goods by misdeclaration in the name of the above said firms at Air Cargo Complex, Sahar, Mumbai and also seems to be the person controlling the activities of the aforesaid firms and the major beneficiary of such firms. According to the respondent, custodial interrogation is necessary to unearth the racket and reach the truth.

(3.) It is further the case of the Directorate that pursuant to receipt of such information one Rajaram Yadav and Ajay Sharma were arrested. Rajaram Yadav stated in his statement recorded under Section 108 of Customs Act that he was looking import consignment of the above said firms and above said firms belonged to the petitioner.