IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1508 OF 200 CRI.APPLICATION NO.1508 OF 200 CRI.APPLICATION NO.1508 OF 2009 IN REMAND APPLICATION NO.8/2009 Shri Devram Kishan Shewale, .. Applicant Vs The State of Maharashtra, .. Respondents. and anr. Mr U.S.Vanjara with Mohd Ayub Shaikh, for the applicant. Mr J.P.Yagnik, APP, for the respondent-State. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 23/04/200 DATE : 23/04/200 DATE : 23/04/2009 PC: PC: PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant has been arrested on 21.1.2009 by the officers of Directorate of Revenue Intelligence, Mumbai, for having allegedly committed an offence punishable under section 135 of the Customs Act. Three other accused were also arrested in connection with the same offence and they are already released on bail. 3. All the four accused are allegedly involved in a case of criminal conspiracy to defraud the Government of India, by claiming duty drawback on low quality/low price garments/accessories (like dupattas/scarves). It is alleged that in a short span of time, as many as 51 firms were floated by Vishwas Gaonkar, Parmanand Joshi and Kanhaiyalal Joshi (the co-accused) to cause export of such low quality/low price garments/accessories, on a highly exaggerated value, to claim duty drawback fraudulently. Most of the firms out of the 51 firms mentioned above, under whose names exports were caused, are found to be fictitious or non-existent at their given addresses. In the ongoing investigation, an amount of Rs.25 crores, which is already availed as duty drawback by the accused persons and an amount of Rs.3.3 crores, which was in pipeline to be delivered to them, has been identified. Insofar as the present applicant is concerned, he helped the other three accused as a Custom House Agent in the alleged fraudulent exports and for getting duty drawback. In short, according to the prosecution, the other three accused were actively aided and abetted by the applicant in their fraudulent activity. Three statements of the present applicant were recorded, which show that he was getting consideration of 0.50 paise to Rs.1/- per piece, which was more then routine charges taken by the Custom House Agent. The statements show that he had the knowledge about the fraudulent exports and the intention behind such fraudulent exports. In the statements of two brothers, viz. Parmanand Joshi and Kanhaiyalal Joshi, they have admitted that the aforesaid firms were floated by them in the names of their employees and other fictitious persons. From the material on record, it appears that Permanand Joshi and Kanhaiyalal Joshi are the main accused who claimed duty drawback fraudulently. The only allegation against the present applicant is that he actively aided and abetted the fraudulent activities of the main accused. The main accused have already been released on bail, and in view thereof, Mr Vanjara, learned counsel for the applicant, submitted that the applicant, who is in custody since 20.1.2009, also deserves to be released on bail. Learned APP, on instructions, submit that they have not taken any steps for cancellation of bail of the main accused. I have perused the reply affidavit and other material placed before me and in my opinion, the applicant deserves to be released on bail in view of the fact that the main accused have already been granted bail and they are enjoying liberty. In the circumstances, I pass the following order. . The applicant is directed to be enlarged on bail in the sum of Rs.50,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the DRI Office, Mumbai on every Tuesday and Thursday between 10 am and 12 noon for a period of three months from today and thereafter as and when called. . The applicant is allowed to deposit cash of the bail amount for a period of two weeks from today and shall substitute the same by furnishing surety in the like amount amount within the period of two weeks. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)