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2001 Supreme(Del) 198

S.K.AGARWAL
SANJIV KUMAR GUPTA – Appellant
Versus
COMMISSIONER OF CUSTOMS – Respondent


Advocates Appeared:
D.N.GOBURDHAN, GITA LUTHRA, SATISH AGGARWAL

S. K. Agarwal

( 1 ) IN this petition under Section 438 of the Code of Criminal procedure/1973 (for short CRIMINAL PROCEDURE CODE.)/ the petitioner is seeking pre-arrest bail, in the case under Section 135 of the Customs Act/ 1962 (for short the Act), inter alia, pleading that he is innocent/ no offence against him is made out and that he apprehends unnecessary harassment. Respondent had opposed the same on the ground that offences committed are serious and grave which require petitioner s custodial interrogation for proper investigations.

( 2 ) IT is pleaded that the pentioner is doing business of export of garments under name and style of M/s. SRFM Exports (India)/ M/s. Suneja International (India) and M/s. Jai Shree Exports (India); that total remittances earned by him in the last two years are more than rupees four crores and remittances of about US $ 1/50/000 still awaited; that he had been getting duty draw back in accordance with law, he has nothing to do with any fictitious firm and that no of fence is made out against him under Section 135 of the Act, as there is no allegation of evasion of duty. It is alleged that from the search of his business premises and home nothing in

























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