LALIT TRILOKCHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Counsel for the applicant and Counsel for the Respondents.

(2.) The applicant has been arrested on 8th November, 2008. It was alleged in the remand application that the applicant had committed an offence under Section 9(1)(c) of the Central Excise Act, 1944. It is alleged that the applicant had used fabricated and forged document for the purpose of seeking benefit of rebate on the basis of goods exported by M/s. Ramdev Chemical Industries.

(3.) By order dated 24th December, 2008, the Vacation Court has given a chance to the respondent to produce any material showing the culpability of the applicant. The applicant is in jail since last 58 days. The only allegation against him is that cheque for an amount of Rs. 38.65 lakhs which was issued by Sayyed Jaffer Hussain alias Sandeep Shah from the bank account of M/s. Ramdev Chemical Industries was presented by the present applicant to the bank for the purpose of discounting it through one Vikas Joshi. It is alleged that the said cheque was deposited by the present accused in the account of M/s. Globe Enterprise after the commission for the cheque discounting was deducted, cash was paid for the realisation of the cheque. It is an admitted position that the present applicant has already deposited an amount of Rs. 38.65 lakhs without prejudice to his rights and contentions and in order to show his bona fide , in favour of Central Excise department.