The Bombay high Court has granted pre-arrest bail to a customs broker who apprehends arrest in a case of allegedly importing over 64,000 e-cigarettes worth over Rs5.60 crore which were concealed behind declared goods. E-cigarettes are prohibited for import as per the Prohibition of Electronic Cigarette Act, 2019.
Mohammad Shaikh approached the HC after his pre arrest bail plea was rejected by the Panvel sessions court.
According to the plea, the Special Investigation Intelligence Branch (Import) [SIIB (Import)], Jawaharlal Nehru Customs House, Uran, in November 2023 intercepted a container on a tip off. It contained declared goods – table, sofa, chair etc., along with industrial constant temperature Oven with standard accessories having an assessable value of Rs16.86 lakh and involving duty of Rs5.66 lakh. However, a detailed examination resulted into recovery of 64,084 pieces of E-cigarettes having a market value of Rs5,64,62,328. Those goods were concealed within the body structure of the industrial constant temperature oven.
Shaikh was named as the main conspirator behind the import by an accused. His office was searched and he was called for questioning.
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His advocate Sujay Kantawalla submitted that Shaikh has appeared before the SIIB (Import) on a number of occasions and his statements have been recorded. Till date, the investigating agency has not succeeded in demonstrating Shaikh’s role in the alleged offences.
However, advocates Nitee Punde and Siddharth Chandrashekhar, for the respondents, opposed the plea contending that Shaikh had transferred Rs40,000 and Rs55,000 to the bank account of an accused. They said that his custodial interrogation was necessary as he was the mastermind behind the import of prohibited goods.
The court, however, noted that Shaikh is not a proprietor of, or otherwise connected with the entity which imported the said consignment. Nor is he connected with the customs broker.
The court agreed that transfer of the amount to the bank account of an accused “does not, by itself, constitute an incriminating circumstance”.
“... there is prima facie no material to show the involvement of the applicant (Shaukh) with the subject consignment… The applicant is sought to be roped in on the basis of the statements of the co-accused,” Justice NJ Jamadar observed.
The court has directed his release, in case of arrest, on furnishing a personal bond of Rs50,000.
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