Madras High CourtCRL OP/31400/2024granted

M.Shahnawaz v. The Superintendent Of Customs,

2025-01-22Honourable Mr Justice A.D.Jagadish Chandira6 pages

CRL OP NO. 31400 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31400 of 2024 M.Shahnawaz Rep. By Its Proprietor Premium Food Exports, Room No.1, 204, Ucha Saddiq Nagar, Near Babu Iya Kothi, Meerut-250 002. Uttar Pradesh.

Petitioner(s) Vs The Superintendent Of Customs, Docks Intelligence Unit, Office Of The Principal Commissioner Of Customs, Preventive Commissnerate, Chennai - III, Commissionerate, Cumstom House, No.60, Rajaji Salai, Chennai - 600 001.

Respondent(s) For Petitioner(s): Mr. A.K. Jayaraj For Respondent(s): Mr. N.P. Kumar, Spl. Public Prosecutor for Customs cases.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 132, 135(1)(b) and 135(1)(c) of the Customs Act, 1962, in File No.GEN/INV/OTH/474/2024-DIU, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused attempted to export meat illegally, violating rules under the Customs Act. Hence, this case.

3. Learned counsel for the petitioner submits that the petitioner is an innocent person, who has been falsely implicated in this case. The petitioner has no connection with the offences as alleged by the prosecution. Further, he submits that the petitioner had already filed a Writ Petition before this Court, wherein this Court permitted them to make an application for taking return of the goods attempted to be exported. He also submits that the petitioner was served summons for enquiry. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. Learned Special Public Prosecutor appearing for the respondent/Customs Department submits that the petitioner/accused attempted to export meat illegally, violating the Customs Act. He further submits that a detailed counter has been filed regarding the petitioner/accused in connection with the Criminal Original Petitions in respect of the petitioner/accused, those who have all cooperated for the enquiry and not. The latter also failed to cooperate with the inventory of the goods, so as to enable the Department to comply with the orders of this Court.

5. Having heard the learned counsel for the petitioner and the learned Special Public Prosecutor appearing for the for the respondent/Customs Department, and perused the materials available on record, including the counter affidavit, and also considering the nature of the offence charged against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Chief Metropolitan Magistrate, Economic Offence Wing-I, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.

[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioner shall report before the respondent Police everyday at 10:30 A.M., for a period of two weeks and thereafter, as and when required for interrogation; [d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioner shall not abscond either during the investigation or during the trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner were released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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1. The Superintendent Of Customs, Docks Intelligence Unit, Office of the Principal Commissioner of Customs, Preventive Commissionerate, Chennai III Commissionerate, Custom House, No.60, Rajaji Salai, Chennai- 600 001.

A.D. JAGADISH CHANDIRA, J.

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