B. N. CHATURVEDI, J.

( 1 ) IN anticipation of his arrest on account of being invovled in fraudulent evasion of customs duty to the tune of Rs. 4. 64 crores by way of mis-declaration and under valuation in respect of import of MPEG cards in the names of four firms, namely, M/s. Shri Krishna Impex, M/s. Damodar Enterprises, m/s. Marcos Enterprises and M/s. Nav Durga Enterprises, the petitioner seeks grant of pre-arrest bail under Section 438 Cr. P. C.

( 2 ) THE petitioner is running an office by the name of M/s. Everything international at his residential premises bearing No. C-163, Greater Kailash, Part-I, new Delhi, which was raided by the officials of the respondent, Directorate of revenue Intelligence (DRI), on 3rd of June, 2004 in connection with investigation in regard to import of MPEG cards by aforesaid firms by mis-declaring and under valuing the same as PCB. ON being so required, the petitioner appeared before the concerned DRI officials at 1300 hrs on the same very day to join investigation when he allegedly made a voluntary statement under Section 108 of the Customs Act admitting that the aforesaid firms importing the MPEG cards by mis-declaring and under valuing the same as PCB were being controlled by him during the relevant period. He undertook to deposit the entire customs duty amounting to Rs. 4, 64,42,823/-, which had been evaded, and submitted a demand draft for Rs. 24 lacs and postdated cheques for Rs. 1. 29 crores towards part payment of the aforesaid evaded amount. He also deposited a demand draft for Rs. 8 lacs in the DRI Office at Delhi and Rs. 5 lacs in DRI Office at Bombay as part payment. It is added that on being shown the details of bills of entry and other evidence indicating his involvement in the evasion of customs duty, the petitioner acknowledged the details by giving a certificate on its each page as seen and agreed. Scrutiny of the statement of accounts obtained from bank in regard to the account maintained by the petitioner in the name of his firm M/s. Everything International revealed huge financial transactions between his firm and M/s. Shri Krishana Impex, Goa, over and above the value of PU leather imported.

( 3 ) ACCORDING to the respondent, the petitioner acted as mastermind behind the import of MPEG cards and the owners of the importing firms were simply getting commission of Rs. 10,000/- to Rs. 15,000/- per container, as admitted by Sanjay chauhan, paper proprietor of the firms. It is claimed that the investigation reveals that the petitioner was concerned in procurement, transportation, receipt and sale of impugned goods in local market. One Shri Jawahar Roop Chand is stated to have confirmed in his statement dated 10. 6. 2004 that the petitioner had imported MPEG cards and sold the same in the local market through one Shahji and that it was the petitioner himself who had arranged the money to be given to foreign suppliers.

( 4 ) IN regard to his statement under Section 108 of the Customs Act, the plea on behalf of the petitioner is that he was actually forced to make that statement and that the same, subsequently, stands retracted by him. In regard to various payments alleged to have been made in part payment of the customs duty evaded, it is contended that the petitioner was compelled to make the same in order to save himself from being arrested and such payments, thus, could not be taken to amount to an acknowledgment on his part of his involvement in the commission of offence complained of.

( 5 ) THIS apart, it is submitted that the petitioner is a serious Cardiac patient having undergone a bye-pass surgery in 1997. He had also been a patient of Spinal tuberculosis and in view of his precarious health condition, his arrest and detention would put his life in jeopardy without any useful purpose being served, particularly when he has been regularly joining investigation as and when so required.

( 6 ) THE counter plea of the respondent, on the other hand, is that the investigation i

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