LAWS(GJH)-2024-2-6

HIMANSHU JAIPRAKASH VYAS Vs. AJIT KUMAR SINGH

Decided On February 12, 2024
Himanshu Jaiprakash Vyas Appellant
V/S
AJIT KUMAR SINGH Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the arrest memo dtd. 19/12/2023 being CBIC-DIN-202312DDZ1000001540F issued by Ajit Kumar Singh, Senior Intelligence Officer, DRI, Gandhidham under Sec. 132, 133, 135A of the Customs Act, 1962.

(3.) Learned advocate Mr. D.K. Trivedi appearing for the applicant has submitted that the applicant-accused was arrested on 19/12/2023 and since then he is in jail. Learned advocate Mr. Trivedi has also submitted that the investigation in the present case is underway and charge-sheet is yet to be filed. Learned advocate Mr. Trivedi has further submitted that the applicant-accused is a businessman having good reputation in the Society. The applicant is the proprietor of a Proprietary concern viz. M/s Global Brand Resources Pvt. Ltd. engaged in the business of trading and/or supply of rock salt since the year 2017 having it unit at S.E.Z., Mundra. Learned advocate Mr. Trivedi has submitted that for the purpose of running the said business, the applicant-accused has also obtained all the necessary permissions and approvals from the concerned Government Department. Learned advocate for the applicant has further submitted that the applicant-accused preferred an application to the KASEZ for the purpose of carrying out manufacturing activities in the Kandla Special Economic Zone and the Joint Development Commissioner, Kandla Special Economic Zone granted such permission to the applicant-accused on 15/6/2016 It is moreso submitted that the DRI believed that the applicant-accused imported the rock salt from Pakistan and, therefore, the custom duty to be paid by the applicant-accused on the said product was 200%.