Rakesh Mishra Vs Customs (Delhi High Court)
The Delhi High Court recently dismissed an anticipatory bail application filed by an individual accused in a ₹2.4 crore foreign cigarette smuggling case. The case pertains to offences registered under Sections 135(1)(a), 135(1)(b), and 135(1)(i)(A) of the Customs Act, 1962. The applicant sought pre-arrest bail in connection with File No. VIII(SB) 10/ CusPrev/ Gr-1A/ Cig-Icon/ 04/ 2024-25, which involved the recovery of 12 lakh foreign-origin cigarettes from the premises of the applicant’s firm. The recovered consignment, valued at ₹2.4 crore, allegedly lacked pictorial warnings and proper MRP, thereby violating the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
The application contended that the applicant had been wrongly implicated. The defence argued that the applicant was in Kolkata at the time of the seizure and had no prior knowledge of the consignment, which had been delivered by a customer. The applicant’s counsel also highlighted that the employees’ statements were given while in custody and lacked corroborative evidence. Additionally, it was noted that no photographic or video evidence was produced to support the seizure. The applicant’s employees, who were present at the time of recovery, had already been granted regular bail.
