The Ludhiana Court granted the Bail to Director of EOU Company, Avtar Singh who has allegedly evaded the customs duty.
The Director of the Company M/s Modern Insecticides Limited which is a 100% Export Oriented Unit has been arrested by the Officers of DRI Ludhiana after effecting seizure of two consignments of “Sulphur” which were re imported from M/s Agri Venture FZE due to quality disputes. Upon testing of the samples resumed by DRI it transpired that the goods were mis-declared.
The DRI Officers thereafter arrested the Director of the Company who was remanded to Judicial Custody at Central Jail Ludhiana. The Counsel for the Applicant, Mr.Saurabh Kapoor, Advocate pleaded that since the goods re imported involve no import duty as the same was to be cleared by 100% EOU, further the goods being defective and re imported, the Company is ready to secure the revenue.
The Chief Judicial Magistrate, P.S.Kaleka after considering the fact that the accused is a sick person admitted in hospital since the date of his arrest, who has now been referred from Civil Hospital to PGI Chandigarh and the fact that he is ready to deposit the entire customs duty, the allegations of evasion of which is leveled against accused in the present case, said “the accused is admitted to bail in this case/complaint, under Section 135(1)(a) read with Section 135(1) (i)(A) and Section 135(1) (i)(B) cognizable under Section 104(4)(b) and non bailable under Section 104(6) (a) and (c) of the Customs Act, 1962 on his furnishing bail bonds in the sum of Rs.One Crore with two sureties in the like amount and subject to the various conditions.
Firstly, the accused shall deposit an amount of Rs.50 Lakh with the complainant department (as per the statement suffered by the Ld Counsel for the accused) towards the evasion of duty and penalty, if any, claimed by the complainant department.
Secondly, accused shall come present on each and every date of hearing for appearance in the Court and for trial of the case.
Thirdly, accused shall not leave the jurisdiction of this Country without permission of the Court. He shall surrender his passport in the court if he possesses the same and in case he does not hold any passport his undertaking in form of an affidavit that he will not get any passport issued in his name without permission of the court.
Fourthly, accused shall not commit any offence of like nature or any other offence punishable under law.
Fifthly, accused shall not try to influence the witnesses of the prosecution or tamper with the evidence.
Sixthly, the accused shall not change his appearance during the course of trial.
Seventhly, accused shall not change his address without prior intimation to this Court.
Eighthly, accused shall not induce, threaten or promise any witness to refrain him/her from deposing in the case during the investigation or trial. Accused shall make available himself before Authority holding investigation to assist the investigating machinery as and when called upon to appear before the authority concerned till final investigation or as and when directed by the Court and accused will cooperate with the investigation even during his release on bail.
“In case of default by the accused in complying with the conditions of bail enumerated above, his bail shall be cancelled, his bail bonds and surety bonds liable to be canceled and forfeited to the State and he shall be liable to be prosecuted under Section 446 of the Cr.P.C,” the court warned.Subscribe Taxscan AdFree to view the Judgment