Delhi Sessions Court slams DRI for Arrest during Late Hours, grants Bail to two accused of Customs Fraud

The New Delhi Additional Sessions Court recently issued strict warnings to the Directorate of Revenue Intelligence for arrests of two accused conducted late into night, while considering their plea for bail and granting the same.

The two separate bail applications under Section 439 Cr.PC were moved on behalf of applicants/accused persons Sushant Kumar and Sunny Yadav.

Applicants/accused persons were alleged to have imported goods worth Rs.30 crores on the Import Export Codes(IECs) of non existing companies and availed duty exemption under notification no.22/22 dated 30.04.2022 which is available for the goods originating from Dubai on production of country of origin certificate and evaded duty worth Rs.3 crores.

It was submitted that the accused persons had been importing the mis-declared goods and undervalued the same in the name of dummy firms created on the basis of fake/forged documents.

It was further submitted on behalf of applicant/accused Sushant Kumar that the applicant is a bonafide person working as Manager with the courier company M/s Leopard Cargo and Courier, which is engaged in the import of goods through courier for its respective clients. It is submitted that the said benefit of the exemption notification has been rightly claimed by the firm of applicant since admittedly the goods were coming from UAE and all the documentary evidence suggest that the goods were originated from UAE, bill of landing issued from UAE, exporter sending the goods is in UAE and the flight bringing the goods originated from UAE and directly

landed in India but on a later stage technical dispute is being raised.

It was also submitted that the applicant Sushant Kumar was working as Manager with the courier company and there is no documentary evidence to substantiate the allegation that he was in charge of the said company. That the allegations of no existing IECs are false as they are registered verified firms by the department of GST, the appellant counsel contented.

It was further argued on behalf of both the accused persons that the applicants have been falsely implicated in the present case and there is nothing incriminating material showing their involvement, and mentioned that the offenses are compoundable in nature.

It was submitted by counsel for accused persons  that the applicants/accused persons have been arrested at odd hours by the investigating officer without any justification.

It was further pointed out that the applicants/accused persons were produced before the Duty Metropolitan Magistrate at his residence in the late hours also without any justification due to which the accused persons have been deprived of their right to be represented by the counsel of their choice.

The Additional Sessions Judge Devender Kumar Jangala observed that the accused persons were arrested at 9.00 PM at late night hours by the investigating agency without assigning any special reason for arrest, at such late hours. Thereafter the accused persons were produced before Duty MM at his residence at very odd hours between 11.30 PM to 12.00 midnight. It is nowhere mentioned in the entire case file that the relatives of the accused persons have been informed that the accused persons shall be produced before Duty MM at late hours between 11.30 PM to 12.00 midnight. Even though the order of judicial custody remand was passed by Ld. Duty MM in the presence of remand advocate(without describing his name or particulars) but the conduct of the investigating agency clearly shows that the Constitutional rights and statutory rights granted to the accused persons have been violated.

It was also noted that, The accused persons have been deprived of their right to consult the lawyer of their own choice at the time of their production before Duty MM, in the absence of any such information to their relative, the practice of such late arrest by the investigating agency and production of the accused persons at the residence of Duty MM at late hours without assigning any reasons, shows the vindictiveness or avoidance of compliance of provisions of law.

Therefore, a copy of the bail order was directed to be sent to the Principal Director General, Department of Revenue Intelligence, Ministry of Finance, Government of India for information and taking the corrective measures, if any at his end.

The applicants/accused persons Sushant Kumar and Sunny Yadav were directed to be released on bail on furnishing bail bond in the sum of Rs.50,000/- with one surety(each) with other bail conditions.

To Read the full text of the Order CLICK HERE

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