Tushar Vilas Pokharkar v. Union of India and Anr.
Case brief
What is this about?
In this anticipatory bail application, the High Court considered whether to grant protection to an applicant accused of being the mastermind in a customs fraud conspiracy. The applicant relied on retracted statements of co-accused, but the Court found a strong prima facie case and the risk of frustrating investigation.
What did the court decide?
Application stands rejected; interim protection is vacated.
What the court decided
2024:BHC-AS:14496
901 aba 3602 of 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3602 OF 2023
Tushar Vilas Pokharkar ... Applicant
versus
The Union of India and Anr. … Respondents
Mr. Pratik Karande i/by Mr. Aditya Talpade, for Applicant. Ms. Nitee Punde with Mr. Ram Ochani, for Respondent No.1. Mrs. Ranjana D. Humane, APP for State.
CORAM: N.J.JAMADAR, J. DATE : 22 MARCH 2024
P.C.
- Heard the learned Counsel for the parties.
- This is an application for pre-arrest bail in connection with File No.DRI/MZU/NS-I/INT—127/ENQ93/2022 for an offence punishable under Section 135 of the Customs Act, 1962.
- An intelligence was received by DRI that the goods which were allowed for warehousing in Akshay Logistics (NSAIU131), a Warehouse notified under Section 57 of the Act, 1962 as a public warehouse, were being clandestinely removed from the said warehouse and were being illegally diverted to the market to evade payment of customs duty and to circumvent the restrictions imposed under the Customs Act, 1962 or by any other law for the time being in force, by the members of a syndicate.
Issues for consideration
3 issues framed by the court
Whether pre-arrest bail should be granted to an applicant named as the mastermind in a conspiracy to evade customs duty.
Whether statements of co-accused recorded under Section 108 of the Customs Act suffice to warrant arrest and rejection of bail.
Whether granting bail in an economic offence prejudicially affects the purpose of effective investigation.
Parties & counsel
- applicant
Tushar Vilas Pokharkar
- respondent
The Union of India
Coram
N.J.JAMADAR
Case details
As recorded by the court registry
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