1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5380 OF 2009 Nitin Prakashchandji Kothari ...Applicant vs. JNPT Custom & Anr. ...Respondents Mr.G.D. Jadhav for the Applicant. Mrs.P.P. Shinde, APP for the State. Mr.D.N. Salvi with Ms.Bhagyashri Joshi for the Union of India. CORAM : V.M. KANADE, J. DATED : DECEMBER 10, 2009 P.C. :- 1 Heard Counsel for the applicant and Counsel for the Union of India. 2 The applicant apprehends arrest in connection with an offence under Section 135 of the Customs Act. The applicant is a proprietor of M/s.Billion International and it is alleged that his 2 firm has mis-declared the goods and claimed duty drawback to the tune of Rs.18 lakhs. It is alleged that actual fine of the goods is Rs.2,21,41,006/. It is also alleged that in the past also, he had claimed drawback to the tune of Rs.1.50 crores approximately. 3 The learned Counsel for the applicant firstly submitted that the applicant is not the proprietor of M/s.Bilion International. He further submitted that one Tarun Kothari has given a statement to the Custom Authority and he has taken full responsibility for the mis-declaration of weight of the goods which have been imported. He submitted that the applicant is not concerned in any manner with the alleged mis-declaration. 4 The said submission, in my view, cannot be accepted. The applicant in his statement which is recorded under Section 108 of the Customs Act has in terms admitted that he is the proprietor of the said 3 firm M/s.Billion International. Secondly, merely because his Manager Tarun Kothari has accepted the responsibility for the said mis-declaration would not absolve the present applicant and the custom authorities would have the right to interrogate him. It is also further alleged that the applicant has previously claimed drawback to the tune of Rs.1.50 crores. This being the position, the applicant is not entitled to get the protection of anticipatory bail. 5 Application, according, is dismissed. (V.M. KANADE, J.)