DEPUTY COMMISSIONER OF CUSTOMS Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE relevant facts for the disposal of this petition are that Ashok Kumar, respondent floated a firm in the name and style of M/s. Megna Impex, Sehdav Market, Jalandhar and taken incentive and benefit of DEPB scheme to the tune of Rs. 1.85 crore by forging bank realisation certificate and other documents and also substitution of export related document showing value of exports amounting to Rs. 9.00 crores approximately. The department investigated the case and has also asked its counter parts at Dubai for investigation whether the alleged material was exported. After investigation, it revealed that no money was received from abroad in 29 cases against 33 consignment. After completion of the investigation, a complaint under Section 135 of the Customs Act (hereinafter referred to as 'the Act') was filed for which the respondent is facing trial.

(2.) RESPONDENT was allowed pre -arrest bail vide order dated 24 -7 -2001 passed by the Sessions Judge, Amritsar. While allowing bail, one of the conditions imposed was that respondent shall not leave India without prior permission of the Court and shall surrender his passport before the Customs authorities.

(3.) AGGRIEVED by the order dated 13 -9 -2001, the Deputy Commissioner, Customs filed the present revision petition.