Preet Kumar Agarwal vs State Of West Bengal & Ors.

This is an application for grant of bail under the provision of Section 439 of the Code of Criminal Procedure , inter alia, on the ground stated in the

petition. By order dated 03.05.2018 learned Chief Judicial Magistrate, Barasat North 24-Parganas rejected the prayer for bail of the petitioner in

connection with the Case No. C-562/2018 dated 06.04.2018 under section 104 read with section 135 of the Customs Act, 1962.

It is submitted by the learned advocate appearing on behalf of the petitioner that the petitioner was arrested on 04.04.2018 for the alleged offence by

the Customs Official who has attained his age of majority and he is going through the harrowing experience in the custody in jail. He is a brilliant

student and was a student of Oakridge International School and he has passed 12th standard of Central Board of Secondary Education and he is

pursuing Bachelor of Business Administration in Uttar Pradesh.

It was revealed from the complaint that the Directorate of Revenue Intelligence (in short, “DRIâ€) that this petitioner investigation into the

diversion of gold jewellery from NSC BI Airport, Kolkata after completion of export proceeded on hand carried basis is going on. The

InvestigatingAgency on a source information that the co-accused, Sanjoy Agarwal divert an export consignment. It is alleged that the said Sangoy

Agarwal completed all formalities of export as per the declaration made before the Customs and the petitioner was to carry the export gold bangles to

Dubai through flight EK 573 on 04.04.2018.

The team of the officers of DRI, at the spot, stopped the petitioner who allegedly diverted the export consignment gold bungles through Sanjoy

Agarwal, who happens to be his father. It is pointed out by Mr. Basu that the Senior of Intelligence Officer of DRI, Kolkata Zonal Unit had objected

to the bail prayer of the petitioner including the coaccused, Shri Sanjoy Agarwal and Shri Ajoy Agarwal, his uncle. It is revealed from the report in

paragraph 9 that this petitioner was apprehended along with his father, Sanjoy Agarwal. They had successfully diverted one export consignment of

gold bangles after completion of all export formalities.

Mr. Kaushik De, learned advocate appearing on behalf of the Opposite Party/ Customs Authority, has invited my attention to the various pages of

Case Diary which reveals various stages of investigation and , in particular invites my attention to pages 5 to 8 and so also to the various shipping bills

for exports of duty free goods and further draws my attention to the statement of this petitioner recorded by the Investigating Officer concerned. It

would reveal therefrom that this petitioner had been to Dubai for at least 14/15 times and on 04.04.2018 he was apprehended on interception by DRI

officials. Obviously he had gone there along with his father, mother, his uncle on various occasions. He had taken two bags containing the jewelry of

gold of approximately 54096 grams which was made to be exported and was kept in his car (Jaguar) and also took the same to his house and kept in

locker of his father’s room.

Obviously on the instruction of his father. He appears to be involved in the diversion of gold jewelry in or about 4 times in respect of Kalpataru

Jewellers and Export Corporation through NSBI Airport, Kolkata from April, 2017 to December, 2018. It is submitted on behalf of the Opposite Party

raising strong objection to the fact that the investigation conducted reveals the gravity of the offence to the extent that there has been evasion of the

revenue on account of alleged diversion of gold jewellery on many times after completion of export formalities by Shree Ganesh Jewels, PH Jewels

and Kalpataru Jewellers and Export Corporation for about 2050 Kgs of gold. My attention is also invited to the provision of Sections 108, 134 and 135

of the Customs Act and pointed out that the age is not the factor in an offence under the said provision.

I find from the order sheet of the learned Chief Judicial Magistrate, Barasat, North 24-Parganas and from the document available on record that this

petitioner is major person and prima facie appears from the Case Diary and investigation that he was conscious about his involvement in the affairs of

the business otherwise with his father and uncle. Bearing in mind the stage of investigation and the gravity of the offence affecting the Indian

economy and the interest of country as whole the prayer for bail is rejected at this stage.

Accordingly CRM No. 2485 of 2018 is dismissed without any order as to costs. Let the Case Diary be returned herewith to the learned advocate

appearing on behalf of the Customs Authority. Urgent xerox certified copies of this order, if applied for, be made available to the parties upon

compliance of the requisite formalities.