Prabhakar Dattatraya Gune & others & A. Ramkrishna Kalluraya & others & v. R. Padalkar & V. N. Koulgi & S. D. Jamdar & VS Union of India & others
1985-12-23
V.S.KOTWAL
body1985
DigiLaw.ai
JUDGMENT - V.S. KOTWAL, J.:---Heard Shri R.D. Ovalekar, the learned Counsel for the petitioners, Shri A.R. Gupte, the learned Senior Counsel for the department and Shri R.S. More, the learned Public Prosecutor, for the State, in all the petitions. 2. Perused the relevant papers. 3. Apparently there is absolutely no reason as to why the concession of liberty in anticipation of the arrest should not be granted to all the petitioners in these petitions. The petitioners are concerned with the Kirloskar Group of Industries who have a net work at different places in the country. As per the allegations on the apprehension of breach of the provisions under Foreign Exchange Regulation Act, certain premises of the said concern at Pune were inspected on or about 9th of December, 1985 and a corresponding inspection took place at different places connected with the said industries. The Officers, the Directors, the Chairman and Vice-Chairman all have been subjected to interrogation for quite a number of times in connection with the said episode. The petitioners herein in all the petitions have also been subjected to such interrogation on number of occasions. Several documents are claimed to have been seized. 4. The Chairman and Vice-Chairman have already been enlarged on bail by the learned trial Magistrate. The petitioners herein all the petitions are no doubt connected with the said industries but in different capacities. Some are Managing Directors, one is the Vice President Finance, one is a Special Assistant to Managing Director, one is the Manager Imports while one is the Factory Manager. When one of these matters had come up on the last occasion a statement was made on behalf of the Department as well as on behalf of the State on instructions that at present the assessment and the examination of the documents is in progress and as such the officials have not yet decided to proceed against these petitioners including their arrest. The matter was, therefore, adjourned and a statement on the same pattern is made even this day.
The matter was, therefore, adjourned and a statement on the same pattern is made even this day. Shri Ovalekar, the learned Counsel, submits with justification that under the circumstances the apprehension that is instilled in the mind of the petitioners cannot be said to be in vacuum but very much tangible and this assumes firm dimensions when it is an accepted position that the Vice-Chairman as also some other officials connected with the said concerns have already been arrested though immediately released on bail. Some of the premises have been searched while several documents having been attached and are being examined are the facts which provide a pointer in that direction and it is claimed that the offence has already been registered at the concerned police station. It would, therefore, be just and proper to accept the request on behalf of the petitioners to grant bail in anticipation of their arrest instead of postponing the issue. 5. There is hardly any scope for the apprehension that all these petitioners are likely to abscond. They have firm roots in the country and they have permanent residence where they are residing with their families. Some of the petitioners are employees while others are Executives of the said concern. As stated, the Chairman and the Vice-Chairman have been already enlarged on bail even by the learned Magistrate and that decision is apparently accepted by the department. The seizure of the documents either is complete or is in progress and it is not even suggested that the petitioners are indulging in any act to tamper with the evidence. The bulk of the evidence is mainly reflected through the documents which are already in possession of the department. It is an accepted position that the petitioners have been regularly presenting themselves before the concerned officials for being subjected to interrogation and have been co-operating in that field. 6. Having regard to all these features, there is no reason as to why this concession of bail in anticipation of arrest should not be granted to these petitioners. The learned Counsel for the department and the learned Public Prosecutor for the State have fairly accepted this position making it clear that they have no objection in granting that concession. As regards the quantum of bail it appears that the other persons have been enlarged on bail in the sum of Rs. 1,00,000/- by the learned Magistrate.
The learned Counsel for the department and the learned Public Prosecutor for the State have fairly accepted this position making it clear that they have no objection in granting that concession. As regards the quantum of bail it appears that the other persons have been enlarged on bail in the sum of Rs. 1,00,000/- by the learned Magistrate. Considering the alleged role that is attributed to these petitioners , bail of Rs. 50,000/- would suffice to meet the ends of justice. The learned Counsel for the department as well as the learned Public Prosecutor for the State agree to it. 7. In the event of their arrest in connection with the formulation of the alleged offences under the Foreign Exchange Regulation Act and/or Customs Act and /or any other allied Acts in relation to the attachment and seizure of the documents for the alleged breach of these provisions on 9th of December, 1985 and thereafter from various premises of Kirloskar Group of Industries, all the petitioners in all the five petitions herein shall be enlarged on bail under section 438 of the Criminal Procedure Code each in the sum of Rs. 50,000/- with P.R. and one solvent surety for the like amount. 8. All the petitioners shall co-operate with the investigation and shall make themselves available at all reasonable times before the concerned Investigating Officer when strictly and genuinely required for the purpose of investigation of these offences. Order accordingly. -----