1 ABA : 602/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.602 OF 2011 Mr. Abid Kadir Khan .... Applicant Vs. The State of Maharashtra & Anr. .... Respondents Mr. Ganesh Gole, Advocate for applicant. Mrs. G.P. Mulekar, APP for State. Mr. Nitee Punde, Advocate for respondent no.2. Coram : Smt. R.P. SondurBaldota, J. Date : 29th July, 2011 P.C. 1. The applicant, who is a practicing Advocate apprehends his arrest in DRI/M24/G/ENQ.-11/11-12 for the offences punishable under Section 135 of Customs Act. The brief case of the prosecution is that the Directorate of Revenue Intelligence, Mumbai received information that a group of unscrupulous persons were indulging in smuggling of Red Sanders , which “ ’ is banned for exports in the guise of PVC pipes under the ‘ ’ 2 ABA : 602/2011 Import and Export Code of M/s B.M. Udyog, B-523, Merchant Centre, Plot No.1 4, Sector No.19, Vashi, Navi Mumbai. Acting on the intelligence, the Directorate of Revenue Intelligence, Mumbai, Zonal Unit seized 14.030 metric ton of Red Sanders from two containers of the total value of Rs.2.17 crores at JNCH Port, Uran, District Raigad being exported in the name of B.M. Udyog, Navi Mumbai, which entity is not in existence. The DRI, Mumbai arrested two persons viz. Sandip B. Joshi and Inayat U. Aliyani, both residents of Gujarat. They were the employees of Customs House Agent, M/s Amit K. Dedhia. Statement of Sandip Joshi revealed the name of the applicant herein. According to that statement, Sandip Joshi was introduced by the applicant to Vikas Joshi at Mumbai. In that meeting, Inayat Aliyani was also present. The applicant does not dispute that he had introduced Sandip to Vikas. According to the applicant, Sandip is his client and Vikas is tenant in respect of the commercial premises, from where the applicant runs a Cyber Cafe. The applicant claims that he has done nothing beyond introducing Sandip to Vikas. The investigation however reveals otherwise. In the house search 3 ABA : 602/2011 of the applicant, DRI received computer printouts for tracking of one of the containers in which red sanders was being smuggled out. When DRI visited the premises of M/s B.M. Udyog, they found a person by name Jafar at the premises. He stated that a person by name Rajesh Kadam had called him from Mobile No.07498541142, which is admittedly of the applicant. From the same premises, an envelope addressed to the applicant by Sandip Joshi was also recovered. The learned APP states that D.R.I. has information that there are atleast four more containers containing Red Sanders, have been exported and many more exports are possible in future. The proprietor of B.M. Udyog is one Bimal Kumar Modi, who is yet to be found. 2. In the above circumstances, the DRI cannot be denied an opportunity of full fledged investigation including the custodial interrogation of the applicant. 3. The learned counsel for the applicant submits that both Sandeep Joshi and Vikas Joshi have already been released on bail. Even if it is so considering the material against the applicant herein, in my opinion, this is not fit case wherein 4 ABA : 602/2011 this Court should exercise its discretion to grant anticipatory bail. Hence, the application is rejected. ( Smt. R.P. SondurBaldota, J.)