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B.A. 449/24
MHCC020030552024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.449 OF 2024
Arvind Rameshbhai Desai
Age 41 years, R/at – Shantiniketan,
9 Backbone Park Society, 150 Feet Ring
Road, Rajkoat 360004.

… Applicant
– Versus Union of India
through Intelligence Officer,
Directorate of Revenue Intelligence,
Mumbai Zonal Unit, UTI Building,
13, Sir Vithaldas Thackersey Marg,
New Marine Lines, Mumbai 400 020
… Respondent
Appearance :Adv. Inderpal Singh a/w Adv Rahul Sagar for the applicant.
SPP Mane for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 02/03/2024
ORDER
This is bail application by the accused under Section 439 of
The Criminal Procedure Code for releasing him on bail in connection
with F. No. DRI/MZU/F/INT-94/2023 for the commission of offences
punishable u/sec.132 and Section 135(1)(a), 135(1)(b) of the Customs
Act, 1962.

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2.

B.A. 449/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
30.01.2024.

He
has
undergone
custodial
interrogation.

The
investigation is completed. The applicant / accused is the only earning
member in the family. There is no criminal antecedents against him.
Therefore, there is no point in keeping accused behind bars till
conclusion of trial. He is the permanent resident of his given address
therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail there are chances of flee from justice. If accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. SPP for the respondent.
5.

It is the case of the prosecution that intelligence was
developed by the office of the respondent that consignment imported by
M/s. B H Industries vide bills of entry 56289620 dated 22.04.2023,
5684052/- dated 26.04.2023 and 5684054 dated 26.04.2023 contain
insecticides which is restricted product as per Insecticides Act 1968.
Based on Intelligence developed, above mentioned consignment were
examined by the DRI Mumbai. It was found that the chemicals are
actually smuggled insecticides which are liable to confiscation and same
were seized u/Sec.110 of Customs Act, 1962. According to the
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B.A. 449/24
prosecution the applicant was attempting to smuggled around 27 MT of
insecticides, value of which is more than Rs.21 crores. It is alleged that
the applicant is a member of larger syndicate involved in the systematic
smuggling of insecticides covered in the schedule of Insecticides Act,
1968. The statement of the applicant u/Sec.108 of Customs Act is
recorded. Accordingly, the applicant is arrested.
6.

According to the applicant there is no case made out under
Section 132, 135(1)(a), 135(1)(b) of the Customs Act. It is his
contention that goods imported by M/s. B.H. Industries were not
insecticides but due to the mistake of shipper the goods which were
sent, were wrongly sent instead of goods imported by M/s. M.H.
Industries. It is his contention that the shipper through e-mail dated
12.5.2023 had informed B.H. Industries that the said consignment had
been wrongly delivered. He had also requested to resend the said
consignment and he will deliver the actual consignment.
7.

From the record it appears that M/s. Delta Chemfine is
owned by the nephew of the applicant but it is operated and control by
the applicant / accused. There is allegation that said firm was started in
the name of his nephew for supply of goods to M/s. Drosera
International. According to the prosecution said M/s. B.H. Industries
was started and arranged on the instruction of the applicant by one Mr.
Krishanarajsinh Jadeja for facilitation of goods, ultimately sold to M/s.
Drosera International. The goods were moved from M/s. Delta
Chemfine to M/s. Drosera through transport arranged by M/s. Drosera
only. The applicant used to operate e-mail ID of M/s. K.H. Industries
and M/s. B.H. Industries. The registration was required for the import
of insecticides. No such registration was made. The bills of entry for
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B.A. 449/24
said goods were filed on 22.4.2023 and 26.4.2023., which indicate that
goods have left from China in the first week of April. From the record it
appears that the e-mail stating that goods were send by-mistake is
afterthought. It appears that said afterthought e-mail was sent as
precautionary major to hide truth that there was smuggling of
insecticides. The facts on record shows the applicant’s active role in
smuggling of the insecticides. He has active participation in smuggled
insecticides. The declared value of consignment is Rs.77,46,254/whereas the actual value is of Rs.21 crores. The applicant has active role
and active participation in the alleged offence. The investigation is in
progress. The accused / applicant has been arrested on 30.1.2024.
Investigation is in progress. The case is having involvement of foreign
suppliers. Detail investigation is necessary. The applicant / accused has
material knowledge about the alleged transaction. If he is released on
bail he will tamper with the prosecution evidence. The prosecution
suspects the syndicate behind the offence. It is alleged that the applicant
is one of the member of the said syndicate. Under these circumstances
detailed investigation is necessary. Hence, the applicant is not entitled
for bail. In the result, I pass the following order :
ORDER
Bail Application No.449 of 2024 is rejected and disposed off
accordingly.
Date : 02/03/2024
Dictated on
: 02.03.2024
Transcribed on
: 04.03.2024
Signed by HHJ on : 06.03.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 449/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
07/03/2024
1.49 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 02/03/2024
ORDER signed by P.O. on
06/03/2024
ORDER uploaded on
07/03/2024