S.Narayan, J. - (1.) - This revisional petition is directed against the order dated 27.5.98 passed by the learned Chief Judge, City Sessions Court, Calcutta in Criminal Misc. Case No. 210 of 1998 rejecting the prayer for bail on behalf of the petitioner in connection with D.R.I. F.No. 61/Cal/APP/98 of Directorate of Revenue Intelligence, Calcutta Zonal Unit, 8, Calcutta. The order is sought to be set aside invoking inherent power of this court under section 482 of the Code of Criminal Procedure, 1973 and, in the alternative, it was also orally prayed to pass suitable order for bail under section 439 of the Code of Criminal Procedure, 1973.
(2.) Pursuant to an information received by the officers of Directorate of Revenue Intelligence, Calcutta an investigation was initiated and it was being carried out with respect to the basic allegation that M/s. Associated Industries were engaged in illegal importation of (i) RBD. Palmolin oil (ii) Mulberry Raw Silk (iii) HDPE (iv) Copper Cathode and evasion of customs duty and sale thereof running in crores of rupees. The accusation in the case was that More Group of industries, while using forged advance licence had imported the aforesaid articles and had sold those to M/s. Associated Industries. It is alleged that the present petitioner, S.S. Sharma being the trusted agent of More Group and also being a partner of M/s. Associated Industries had active involvement in the deal.
(3.) Obviously, for the purpose of investigation/inquiry into the case, summons under section 108 of the Customs Act were issued directing the petitioner to attend the office of DRI at a particular time and date. Be it placed on the record on verification of certain papers, produced on behalf of the opposite party that such summons were issued for as many as six times, first of such commencing on 6.4.98 and the last one having been issued on 4.6.98. The petitioner admittedly did not respond to any of such summons by his appearance before the officers of the DRI and instead, he sought for an anticipatory bail under section 438 of the Code of Criminal Procedure and his prayer as such, was allowed by an order dated 11.5.98 of the Chief City Sessions Judge, Calcutta in Criminal Misc. Case No. 176 of 1998, the extract of this order be placed as herein below:- "In the event of arrest of the petitioner in connection with Dr. F. No. 61/Cal/APP/98 Superintendent of DRI, Calcutta Zonal Unit No. 8 he shall be enlarged on bail of Rs. 50,000/- with two sureties of Rs. 25,000/- each on condition that he shall see the I.O. everyday at his office and shall not leave Calcutta without the previous permission of the learned CMM, Calcutta. The petitioner shall hand over his passport, if any, to the I.O. against proper receipt. This order of anticipatory bail will remain in force for a period of ten days from this date. The Criminal Misc. Case is disposed of accordingly.";