Lata Sudhir Chamariya v. The Union Of India Through Sh. Pawan Kumar, Deputy Commissioner, Land Customs Station, Jogbani
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82522 of 2023 Arising Out of PS. Case No.-1 Year-2015 Thana- CUSTOM (GOVERNMENT OFFICIAL) District- Purnia ====================================================== LATA SUDHIR CHAMARIYA W/O SUDHIR S CHAMARIYA RESIDENT AT FLAT NO. A-2305/2306 VISHNU SHIVAM TOWER THAKUR VILLAGE PS. KANDIVALI EAST DIST. MUMBAI STATEMAHARASHTRA. ... ... Petitioner/s
Versus
THE UNION OF INDIA THROUGH SH. PAWAN KUMAR, DEPUTY COMMISSIONER, LAND CUSTOMS STATION, JOGBANI BIHAR, ARARIA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr.Anshuman Singh, Sr.S.C., DRI Mr.Ranjay Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard Mr. Praveen Kumar Agrawal, learned counsel for the petitioner and Mr. Anshuman Singh, learned Sr.S.C. of D.R.I.
2. The petitioner apprehends her arrest in Special Case (Economic Offence) No. 03 of 2017 instituted for the offence under Sections 132, 135, 135(A), 140 of the Customs Act.
3. It is a case of commercial fraud. Petitioner, being Director of the company M/s Innovagen Compserv Pvt. Ltd., Borivali (East), Mumbai, is alleged to be involved in national income loss through his agent by three DFIA licences issued by
Patna High Court CR. MISC. No.82522 of 2023(5) dt.09-04-2024 2/3 the DGFT, Mumbai. It is further alleged that the accused persons attempted to export inferior quality of clothes by declaring it as natural silk for wrongful gain of more than five crores.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and no offence, as alleged, under the Customs Act is made out against this petitioner. He further submits that the complainant has filed six complaint petitions including the present complaint against the petitioner for the same cause of action. The petitioner has been penalized with an amount of Rs. 23,250/- under Section 114 (iii) of the Customs Act, 1962, which has already been deposited by this petitioner. The accused Arvind Kumar Donakia has already been granted anticipatory bail in a similar case of Special Case (Economic Offences) No. 05/2021 by a coordinate Bench of this Court, vide order dated 23.08.2022 passed in Cr.Misc. No. 63335 of 2021.
5. Learned Senior Standing Counsel for DRI, though opposes the prayer of anticipatory bail, but does not dispute the submission made on behalf of petitioner that petitioner has deposited Rs. 23,250/- in order to show her bonafide.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.82522 of 2023(5) dt.09-04-2024 3/3 perused the materials available on record, this Court is inclined to enlarge the petitioner on bail.
7. Accordingly, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Economic Offences), Purnea in connection with Special Case (Economic Offences) No. 03 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T