DEEPAK AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend the prayer clause.

(2.) This application under Section 439 of the Criminal Procedure Code is filed for regular bail in connection with arrest effected under arrest memo dated 08.10.2018 issued towards mis-declaration of importing High Speed Diesel (HSD) in the name of "Base Oil SN 50". It is the case of the Department that HSD falls under the category of prohibited goods defined under Section 2(33) of the Customs Act and therefore, the import of the so called base oil is treated as smuggled goods as defined under Section 2(39) of the Customs Act.

(3.) Learned Advocate for the applicant submitted that the applicant was initially summoned and in response to the summons, when the applicant produced himself before the authorities, arrest was effected on 09.10.2018 and since then the applicant is in custody.