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2012 Supreme(Del) 2099

V.K.SHALI
ROHIT SAKHUJA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mr. Sudhir Nandrajog, Sr. Advocate with Mr. H.S. Bhullar, Mr. Dheeraj, Mr. Ankit and Mr. S. Pandey, Advocates.
Mr. Sunil Sharma, APP for the State. Mr. Satish Aggarwala, Advocate for DRI.

JUDGMENT

V.K. SHALI, J.

Crl. M.A. No.19546/2012 (for exemption)

1. Exemption allowed, subject to the deficiency being rectified.

2. The application stands disposed of. Bail Application No.1736/2012


1. This is an application filed by the petitioner under Section 438 read with Section 482 Cr.P.C. for grant of anticipatory bail in FIR No.254/2012, under Sections 380/468/471/34 IPC, registered at Police Station Pur Prahladpur.

2. Briefly stated the allegations against the petitioner are that on 25.5.2012, eight containers containing goods of various description, imported at ICD, Tughlakabad, New Delhi, were illegally taken out from the custody of CONCOR on the basis of gate passes which were apparently bearing forged signatures of Customs Officers. The said containers contained one thousand imported air conditioners, more than 600 imported gas cylinders of R-22 refrigerant gas and 580 cartons (62,40,000 sticks) of imported cigarettes of Indonesian origin. The total value of the goods was worth more than `10 crores.

3. It is also the case of the prosecution that R-22 refrigerant gas is an Ozone depleting substance and its import is restricted as per Foreign Trade Policy. The investigatio











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