RASHID SALAM T.A. AND ORS. Vs. THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE AND ORS.

JUDGEMENT

(1.) Application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicants apprehend arrest in F.No. DRI/HZU/NSRU-48/ENQ-02/2020 of Directorate of Revenue Intelligence ('DRI', for short), Sub Regional Unit, Neloor/Vijayawada, Andhra Pradesh, with respect to imports made by M/s Royal Imports and Exports and M/s. Spring Valley Spices through the port of Krishnapatanam, Andhra Pradesh. The 1st applicant is the proprietor of M/s. Royal Imports and Exports and also a partner of M/s. Spring Valley Spices and the 2nd applicant is the managing partner of M/s.Spring Valley Spices. They are engaged in the business of importing and trading of agricultural and other allied products including spices. The 3rd applicant is the managing partner of M/s. Unique Spices.

(3.) The allegation of DRI is that the aforesaid concerns imported Arecanuts from Indonesia vide two bills of entry dated 05/05/2020 by mis-declaring the consignment as coconut expeller cake rendering the goods liable for confiscation under Section 111 of the Customs Act and consequently an offence under Section 135 of the Act. The applicants were issued with notice from the 2 nd respondent who is Senior Intelligence Officer, DRI, Kochi zonal unit and then detailed statements recorded on several days. The 3 rd applicant has no connection whatsoever with the imports and he is unaware why he has been summoned in connection with the alleged violations. The applicants apprehending arrest by the respondents, had approached the Sessions Court, Ernakulam for anticipatory bail. The same was dismissed vide Annexure-17. Hence the applicants have approached this Court for indulgence.