UNION OF INDIA Vs. ANIL GADODIA

JUDGEMENT

(1.) These cancellation of bail applications have been filed under Section 439 (2) CrPC.

(2.) The factual matrix of the are are that the petitioner Directorate of Revenue Intelligence received a specific intelligence that one syndicate, whose kingpin is one Mr. Anil Gadodia, is involved in illegal storage and then export of red sanders, a prohibited item under CITES (Convention on International Trade in Endangered Species) of Wild Fauna and Flora in the guise of genuine exports. As per the intelligence report, Anil Gadodia used to procure Red-sanders in trucks from South India and was storing the same in his various godowns at Wazirpur / Kadipur / Burari (Delhi) and further supplied the same to one Mr. Chan, who is a person of Thai origin and was acting at the behest of one Mr. Lin of Chinese origin. Mr. Mayur Ranjan @ Vijay was the person, who was coordinating between Chinese / Thai persons and Mr. Anil Gadodia. The aforesaid intelligence was further processed and it was found that the export of red sanders to Mr. Lin is being done through the accused respondent Rameshwar Sharma of M/s. Eurro Exports, Jaipur, who is a marble exporter by concealing the same in the export consignments of marble.

(3.) Acting upon the said intelligence, a joint operation was planned by DRI at Delhi, Jaipur and Gandhidham. Accordingly, at Mundra Container Freight Station, five containers bearing No. OOLU 1353571, GESU 3745115, TCLU 2021818, OOLU 3797929 and TCKU 2993598 attempted to be exported by M/s. Eurro Exports vide shipping bill Nos. 7656093 dt. 25.9.2013, 7615545 dt. 23.9.2013, 7628969 dt. 24.9.2013, 7616229 dt. 23.9.2013 and 7630622 dt. 24.9.2013 respectively were called back and were opened in the presence of the independent witnesses under Panchanama dated 28.9.2013. During the course of examination, containers destined for Hong Kong, 14.25 Mts of Red Sanders was found concealed behind crates containing 93.31 Mts of Marble Slabs instead of 104 Mts of Marble Slabs as declared in Shipping Bills. The export of Red Sander from India is prohibited and the goods mis-declared by M/s. Eurro Exports, Jaipur is in violation of the provisions of the Customs Act, 1962 i.e. the 14.25 MT of logs of Red Sanders of different size and shape attempted to be exported illegally out of India under the cover of said Shipping Bills were placed under seizure under the provisions of Section 110 (1) of the Customs Act, 1962 under the reasonable belief that the same were liable to confiscation under the provisions of the Customs Act, 1962. The marble slabs used for concealment of prohibited Red Sander i.e. 93.31 MT of Marble slabs stuffed in above four containers for concealment of Red Sanders logs were also placed under seizure under the provisions of Section 119(1) of the Customs Act, 1962 under the reasonable belief that the same were liable to confiscation under the provisions of the Customs Act, 1962. Accordingly, a joint search operation was conducted on 28.9.2013 by DRI at Delhi and Jaipur.