SANJAYKUMAR MULCHANDBHAI SHAH Vs. PRINCIPAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This is an application seeking anticipatory bail under section 438 of the Code of Criminal Procedure, 1973, in connection with the Summons being Case No. S. No. SK/23/2017 in F. No. S/43-05/SIIB/CHM/Radhika/2017-18, Dated: 06.12.2017, issued by Superintendent (SIIB), Mundra.

(2.) The applicant is a Director of M/s. Somnath Metal Private Limited for more than seven years, which is engaged in the business of import and trading of various types of metal scraps. In relation to the four containers of HMS scrap at Mundra of one M/s. Radhika Imp ex, the cargo was examined, which was stuffed in four containers and 21.420 metric tonnes of Arecanuts, which is popularly known as 'Beetle Nuts" of 'Supari" was found. It was concealed behind the heavy metal scrap. It was seized under section 108 of the Customs Act under the panchnama dated 29/30.07.2017. Said containers were seized on the ground of mis-declaration on the part of M/s. Radhika Imp ex of imported goods, and therefore, they are liable for confiscation.

(3.) The applicant, since, apprehended his arrest in connection with the summons issued after recording the statements of one Shri. Ramnarayan Laddha and Shri. Dipak Thakor, who are arrested for further interrogation, that this application has been preferred.