INDER SETIA Vs. CENTRAL EXCISE DEPARTMENT NOIDA

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava, learned Senior Counsel for the applicant and Sri Ajai Singh learned Counsel for the Central Government representing the opposite party No. 1 and learned A.G.A.

(2.) THE brief fact, as stated in the affidavit, is that the applicant is Director in M/s. Surya Herbal Limited situated at Noida. It is further stated that the company manufactures two products namely 'Roop Amruta' and 'Daant Pari'. On information received by the opposite party No. 1 regarding the evasion of the excise duty, the factory premise was searched on 28 -3 -2006 and stock of the products was detained. No F.I.R. was lodged for the said offence, but the authorities of opposite party No. 1 registered this case on own giving crime No. 2 of 2006 under Section 4/9A/9AA/9 of the Central Excise Act, 1944 (hereinafter referred to as an 'Act') and Section 420/467/468/471 Indian Penal Code. The applicant was also arrested and copy of arrest memo was served, which is Annexure No. 1 to the affidavit. The applicant moved application for bail before the Sessions Judge, Meerut which was rejected on 15 -5 -2006.

(3.) THE next ground taken was that the applicant had a heart -attack in the year 2005 and his coronary angioplasty was done. The prescription of Escorts Hospital is Annexure No. 12. On these grounds the petitioner has claimed his bail.