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Cus - Anticipatory bail cannot be granted to applicant indulging in hawala transactions running into crores of rupees & which threatens national security: HC

 

By TIOL News Service

CHANDIGARH, APR 01, 2019: THE present application was filed by the petitioner, who was apprehensive of being arrested in a matter involving the seizure of Gold bars weight 27 Kg, found to be smuggled in a consignment of apples imported from Afghanistan.

The petitioner is the proprietor of M/s Universal Solutions & is engaged in import & export activities. During the period of dispute, non-bailable warrants were issued by the jurisdictional CJM on an application given by the Customs officials in connection with the seizure of 27 Gold bars at ICP Attari. In one of the consignment of apples imported from Afghanistan, and receivable by a proprietorship firm of the petitioner, a number of Gold bars had been found.

Before the High Court, the petitioner's counsel put forth extensive submissions to show that the petitioner was not involved with the alleged attempt to smuggle the Gold bars. However, the same did not pull much weight before the High Court, which proceeded to hold that -

"... evidence worth arrest of the petitioner and his further custodial interrogation has come on record. It could not be disputed by learned Senior counsel appearing for the petitioner that in pursuance to the summons issued to the petitioner under Section 108 of the Customs Act to appear and produce documents, after the consignment carrying gold bars worth Rs.9.41 crores from Afghanistan was seized by the Customs Authorities at International Check Post, Attari, the petitioner evaded his appearance before the Customs Authorities. It is also not disputed that one person namely Mohd. Khalid came from Afghanistan to India on 05.12.2018 and returned back on 08.12.2018 and the petitioner did not inform this fact to the Customs Authorities as they had no knowledge that he is the person, who has sent the consignment because in the records, the petitioner has informed that he has a dealing with M/s. Amini Sadri Limited. It has also come on record from the FSL report and the transcription of the mobile conversation of the petitioner with Mohd. Khalid in Afghanistan about the dealings in crores of rupees, which may raise a serious concern about the national security or hawala transactions..."

Therefore, the Court proceeded to dismiss the claim for anticipatory bail.

(See 2019-TIOL-708-HC-P&H-CUS)


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