Sushil Agarwal Vs Union of India (District Court Alipurduar)
District Court, Alipurduar, has granted interim bail to Sushil Agarwal, who stands accused in a large-scale cement smuggling operation from Bhutan, involving alleged customs duty evasion of approximately Rs 15.30 crores. The court’s decision, after reviewing the evidence and legal precedents, sets specific conditions for Agarwal’s release.
The case was initiated by the Directorate of Revenue Intelligence (DRI) following the scrutiny of Bhutanese customs data. The investigation revealed that 19 consignees, including “Radha Shyam Prasad Gupta,” “Santosh Kumar Singh,” and “Ranjan Gupta,” were allegedly involved in the illegal import of cement from Bhutan into India between 2020 and November 2023, primarily through the Birpara land customs station. The cumulative quantity of smuggled cement by these consignees is estimated at 92,925,240 Kgs, valued at Rs 48.30 crores, resulting in an evaded duty of Rs 13.25 crores.
The complaint alleges that a significant volume of this smuggled cement was transported using vehicles belonging to Rajendra Prasad Agarwal and his family members, including the petitioner/accused, Sushil Agarwal, and his mother, Smt. Bhabani Devi Agarwala. Vehicles registered in the names of Sushil Agarwal and Manish Agarwal were specifically cited for transporting cement to consignees such as Santosh Kumar Singh. The prosecution asserts that many of these consignee firms appear to be non-existent and are linked to Rajendra Prasad Agarwal, who allegedly facilitated the smuggling under their names. The total evaded customs duty, including a prior case involving M/s Rajendra Prasad Agarwal and Sons, amounts to Rs 15.30 crores.
During searches conducted at the business and residential premises of Rajendra Prasad Agarwal (Proprietor of M/s Rajendra Prasad Agarwal and Sons) in Birpara, it was determined that his son, Sushil Agarwal, was overseeing the firm’s business activities. Sushil Agarwal was present during the search, and incriminating documents were reportedly recovered. While being examined under Section 108 of the Customs Act, Sushil Agarwal allegedly failed to provide satisfactory explanations when confronted with evidence of smuggled cement transportation by vehicles linked to him and his family. He initially denied owning goods carrier vehicles but could not explain the vehicle numbers placed before him. Furthermore, it was alleged that smuggled cement was transported to M.L. Distributor, Siliguri, a company where Sushil Agarwal was a director alongside Manish Agarwal, whose vehicles were also used for transportation. The DRI concluded that there was prima facie evidence of Sushil Agarwal’s involvement in the smuggling operation and arrested him under Section 104, prosecuting him under Section 135 of the Customs Act.
