KURESH TAHERBHAI RAJKOTWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for bail in an offence allegedly committed by the applicant under Section 135 of the Customs Act, 1962 . The applicant was arrested on 24-11-2006 by the 2nd Respondent under Section 104 of Customs Act. The allegation is that the applicant is concerned with the fraudulent import of the goods i.e. Fabrics against Advance Licence under DEEC Scheme issued in the name of M/s. Suvidh Overseas Mumbai, which has also been fraudulently obtained and diverted the same in the local market. In other words, there is a violation of provisions of Customs Act, 1962 and Import policy.

(2.) Applicant was produced before the learned Addl. Chief Metropolitan Magistrate (ACMM for short) on 24-11- 2006 and his remand was sought, inter alia , on allegation that he procured IEC from other arrested persons and imported large number of Fabrics at Tuticorin Port which were cleared duty free against actual user condition. Applicant's application for bail was rejected on 25-11-2006. Applicant was remanded to judicial custody till 4th December, 2006.

(3.) A second bail application was also filed on 27-11-2006 but it is withdrawn.