Bombay High Court
Sandeep Ingle vs Directorate Of Revenue Intelligence ... on 26 July, 2019
Author: Bharati H. Dangre
Bench: Ranjit More, Bharati H. Dangre
502.WP.3876.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3876 OF 2019
Sandeep Ingle .....Petitioner
Versus
Directorate of Revenue Intelligence & Ors. .....Respondents
Mr. Vikram Nankani, Senior Advocate a/w. Dr. Sujay Kantawala i/b. Mr.
Robin George, Advocate for the Petitioner.
Ms. Rebecca Gonsalvez, Advocate for Respondent No.1.
Mrs. A.S. Pai, APP for the Respondent-State.
CORAM : RANJIT MORE &
SMT. BHARATI H. DANGRE, JJ.
DATE : 26th JULY, 2019. P. C. :
1. Not on board. Mentioned. Production was granted and the matter was taken on board.
2. Having heard Mr. Nankani, learned senior counsel for the petitioner, Ms. Rebeca Gonsalvez for Respondent No.1 and Mrs. A.S. Pai, learned APP for the Respondent-State, we issue notice to Respondent Nos.2 and 3.
3. The petitioner who is in custody pursuant to his arrest for the offence punishable under Section 104 of the Customs Act, 1962 has invoked the jurisdiction of this Court seeking following substantial reliefs :
(a) Issue a writ of mandamus, or any other appropriate writ, order or direction, restraining the Respondent No.1 from filing AGP 1/5 ::: Uploaded on - 26/07/2019 ::: Downloaded on - 27/07/2019 04:45:06 :::
502.WP.3876.19.doc any criminal prosecution qua the petitioner under the provisions of the Customs Act, 1962 for alleged compoundable offence, in respect of which the Application for compounding as permitted under the Customs Act, 1962 with Section 320 of Code of Criminal Procedure, 1973 is already filed:
(b) Issue a writ of mandamus, or any other appropriate writ order or direction, directing the Respondent No.3 to expeditiously adjudicate and decide on merits by a speaking order, the petitioner's application dated 25.07.2019 (at Exhibit 'B' supra), for 'Compounding' of alleged 'compoundable offence/ s punishable under Customs Act,1962, by exercising powers conferred under Section 5(2) read with Section 122 and 137(3) of the Customs Act, 1962, at this stage i.e. before filing of any criminal prosecution qua the petitioner;
(c) Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the Respondent No.1 to take all necessary steps, to enable the Respondent No.3 to adjudicate and inform the amount, if any, legally due and payable by the petitioner under the provisions of the Customs Act, 1962, as also the compounding fee that may be directed by this Hon'ble Court, so as to enable the petitioner to deposit such amounts to avail the statutory benefit of compounding:
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4. Interim relief is also sought in terms of prayer clause (e) and Mr. Nankani, learned senior counsel for the petitioner would urge to grant the said relief on the premise that the petitioner has preferred an application for compounding of offences under Section 137(3) of the Customs Act, 1962 and pending the said application, according to him, the petitioner is entitled to be released on bail in R.A.No.121/2019 pending before the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Mumbai. The said relief is vehemently opposed by Ms. Gonsalvez on the ground that on an earlier occasion, the petitioner had approached the learned Additional Chief Metropolitan Magistrate and his bail application was rejected by an order dated 27.06.2019 and she submitted that pursuant to the rejection of the bail application, the application for compounding of the offence has been filed. She also invited our attention to another matter by which the petitioner has approached the Sessions Court and submitted that the hearing of such application came to be suspended and was scheduled to take place today.
5. Learned counsel for the petitioner makes a statement across the bar that the bail application has been withdrawn by him today.
6. We have considered the matter by perusing the writ petition as well as the annexures appended to the petition. We have also perused the sub-section 3 of section 137 of the Customs Act, 1962, which permits compounding of offences under the Customs Act, 1962 and this is AGP 3/5 ::: Uploaded on - 26/07/2019 ::: Downloaded on - 27/07/2019 04:45:06 :::
502.WP.3876.19.doc permitted to be done either before or after filing of the prosecution. In any circumstances, when the petitioner has been party to the offence under Section 135 of the Customs Act, 1962 and the petitioner has already preferred an application for compounding offence, we direct the respondent No.3 authority to decide the said application. Since the petitioner is arrested in a compoundable offence, we are also inclined to grant interim relief in terms of prayer clause (e)(i) and we direct that the petitioner be enlarged on bail on executing P.R. Bond in the sum of Rs.50,000/- on furnishing one or two solvent sureties in the like amount to the satisfaction of the trial Court.
7. At this stage, the learned senior counsel for the petitioner makes a statement that the petitioner is admitted in J.J.Hospital, and therefore, he would not in a position to comply with the said direction and avail the bail as on today and he makes a request that he may released on cash bail in the sum of Rs.50,000/- in lieu of surety as a temporary measure. The petitioner accordingly undertakes to deposit the said cash bail amount with the Jail Superintendent, Arthur Road Jail, Mumbai. In that view of the matter, we grant the said concession, subject to the stipulation that the petitioner would comply with the stipulation of furnishing the solvent sureties within a period of two weeks from today.
8. Stand over to 13.08.2019.
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9. To be heard with Writ Petition No.3709 of 2019.
10. All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] AGP 5/5 ::: Uploaded on - 26/07/2019 ::: Downloaded on - 27/07/2019 04:45:06 :::