SAHAL V.J. Vs. SENIOR INTELLIGENCE OF OFFICER

JUDGEMENT

(1.) Petitioner herein apprehending arrest in DRI/CAU/VIII/48/EnQ-01/INT on the file of Directorate of Revenue Intelligence, Chennai, under section 135 of the Customs Act, has approached this court.

(2.) The Directorate of Revenue Intelligence received an information regarding the smuggling of filter cigarettes of foreign origin concealed along with the declared cargo imported by the importer through seaport. The officers of the DRI inspected the consignment and found that it contained 30,24,000/- cigarettes of foreign origin totaling to value of Rs.4,23,36,000/-. Containers worth Rs. 9 Lakhs were also sealed. Crime was registered against four persons. Allegation against the petitioner is that he is also involved in a smuggling of the alleged cigarettes in connivance with importers. He was issued with a notice under 108 of the Customs Act requesting him to appear before the authorities. Apprehending that he is likely to be arrested on the above crime, he seeks bail.

(3.) The specific contention of the learned senior counsel for the petitioner is that, petitioner is absolutely innocent and that though he was summoned invoking section 108 of the Customs Act, he apprehends that immediately after his questioning he is liable to be arrested. It was contended by the learned senior counsel for the petitioner that the petitioner is sought to be falsely implicated and he is not connected with the above crime. It was also contended that he is sought to be implicated on the basis of the confession of the co-accused.