Criminal Bail Application No.420 of 2022 (Or. Exh.1)
1 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK. ( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.420 of 2022
CNR No. MHNS010014802022
Dnyaneshwar Dinkar Waphare
Age : 38 years, Occ : Agent
R/o : Room No.404, Shreeji Residency 4th Floor, Plot No.138, Sector4,
Karanjaade, Panvel, Maharashtra … Applicant/Accused.
V/S
State of Maharashtra Through – Superintendent of Custom Department, Nashik (C. No.VIII (Cus) 2528/SIIB/Terdeck Traders/2022) … Respondent/State.
Appearance :
Ld. Adv. Shri. Ashwinikumar alongwith Advocate Shri. Mahesh G. Yadav (Patil) for Applicant/Accused.
Ld. Spl. P.P. Shri. Shashikant S. Dalvi for Respondent/State.
ORDER BELOW EXH. No.1 (Delivered on 07th April, 2022)
1.This is an application filed under Section 439 of Criminal Procedure Code for grant of regular bail in C. No.VIII(Cus)2528/SIIB/Terdeck Traders/2022 registered with the respondent Customs Department, Nashik for an offence punishable under Section 135(1)(d) of The Customs Act,1962 r/w 104 of the said Act.
2.It is the case of the respondent that applicant abetted the attempt of commission of an offence punishable under Section 135(1)(d) of The Customs Act,1962 r/w 104 of the said Act with other coaccused by helping them in filing 24 shipping Bills to the exporter for fraudulent attempt to claim export incentives of Rs.1,71,38,720/ (Rupees One Crore Seventy One Lakh Thirty Eight Thousand Seven Hundred Twenty Only) in violation of the provisions of the Customs Act, 1962.
3.It is the case of the applicant that, he was arrested on 14.02.2022 and was remanded to Magistrate custody on the same day. The applicant is an innocent and has not committed any offence.
The evidence is documentary in nature and the applicant has handed over of the documents to the respondent. Therefore, detaining him in Jail, will not serve the purpose. The other two accused persons are also arrested. The applicant is ready to abide by the terms and conditions. Therefore, prayed to allow the application.
4.Respondent filed say vide Exh.7 and strongly objected on the grounds that, investigation is in progress. The alleged offence is serious economic offence for his personal enrichment which is detrimental to the economic health of the Nation. The applicant has fraudulently attempted to avail export incentives of Rs.1,71,38,720/ (Rupees One Crore Seventy One Lakh Thirty Eight Thousand Seven Hundred Twenty Only). The applicant has active involvement in the said Crime with the coaccused persons. They have cheated by preparing false bills and documents for getting export incentives.
They found that there was misdeclaration of quantity, quality, identity of goods, value of goods etc., Investigation is in progress. If the applicant is enlarged on bail, there is likelihood that he may
intimidate the material witnesses and tamper with the documentary evidence. Therefore, prayed to reject the application.
5.Heard Ld. Advocate for the Applicant and Ld. Spl. P.P. for the Respondent/State. Gone through the entire material on record, so also the relevant provisions of The Customs Act,1962.
6.Upon hearing and going through the material placed on record, what can be gathered is that, this is the second regular bail application. Applicant was arrested alongwith the other two accused persons on 14.02.2022 and was remanded to Magistrate custody. The previous bail application bearing No.251 of 2022 was rejected by this Court on 04.03.2022 by holding that, investigation is at a primary stage. Now, the second bail application is filed on the ground that, investigation is at the verge of completion. Almost one month passed after rejection of the first bail application of the applicant. During the period of one month, substantial investigation might have been completed. Therefore, this Court finds that certainly there is a change in circumstances as compared to the circumstances as were prevailing, when the first bail application was rejected. Therefore, this Court finds that, the application in hand is maintainable.
7.Now, coming to the merits of this case. It is the basic allegation of the respondent that, the applicant is the mastermind of the said Crime. The applicant had floated fictitious Companies and tried to avail the incentives. As per the respondent, there is an involvement of applicant in the Crime. Perusal of Section 135 (1) (d) of the Customs Act provides that an attempt to avail draw back is also a Crime punishable for a maximum period of 7 years and fine. It is triable by Ld. J.M.F.C. The applicant and other accused persons have attempted to avail incentives is an allegation against them. These allegations will be dealt with by the Ld. Trial Court, when the applicant will face the trial. There was an attempt made by the applicant and other accused persons to avail incentives and the draw backs. No purpose will be served in keeping the applicant behind the bar for an indefinite period. Investigation is on the verge of completion. As far as, the apprehension of the respondent is concerned, that can be taken care by imposing conditions upon the applicant. Almost since last 45 days, the applicant is behind the bar.
Therefore, this Court finds that the applicant can be admitted to bail on certain conditions. Hence, the order.
O R D E R
1.Criminal Bail Application No.420/2022 is allowed.
2.Applicant Dnyaneshwar Dinkar Waphare be released on bail in connection with C.No.VIII(Cus)2528/SIIB/Terdeck Traders/2022 registered with the respondent Customs Department, Nashik for an offence punishable under Section 135(1)(d) of The Customs Act,1962 r/w 104 of the said Act on his executing a personal bond of Rs.50,000/ with one or more solvent sureties in like amount to the satisfaction of the concerned Ld. J.M.F.C., Nashik.
3.Applicant not to threatened and pressurize the witnesses.
4.Applicant to cooperate the respondent’s Officer, who is investigating the case, as and when he calls under prior written intimation.
5.Applicant not to tamper with the prosecution evidence.
6.Bail before the concerned, Ld. J.M.F.C., Nashik.
7.In the above terms, Criminal Bail Application No.420/2022 stands disposed off accordingly.
MUSHTAQUE Digitally signed by MUSHTAQUE HUSSAIN SHAIKH HUSSAIN SHAIKH Date: 2022.04.07 17:21:46 +0530 Place : Nashik. (M. H. Shaikh) Date : 07/04/2022 Additional Sessions Judge, Nashik.