Aman Agarwal Vs Union of India (District Court Alipurduar)
District Court, Alipurduar, has granted interim bail to Aman Agarwal, an accused in a significant cement smuggling operation from Bhutan into India, involving alleged evasion of customs duties totaling Rs 16.24 crores. The order, issued after careful consideration of the complaint, case diary, and legal precedents, allows Agarwal’s release on stringent conditions.
The case, initiated by the Directorate of Revenue Intelligence (DRI), centers on allegations that Agarwal, his father Naresh Kumar Agarwal, and other associates were involved in systematically smuggling vast quantities of cement from Bhutan. Investigation revealed that 14 consignees, including “Samar Das,” “Tapan Dutta,” and “Sudip Barman,” were allegedly used to facilitate these illegal imports between 2020 and November 2023 through the Birpara land customs station. The cumulative quantity of smuggled cement by these consignees is estimated at 11,15,08,500 Kgs, valued at Rs 57.98 crores, with an evaded duty of Rs 16.24 crores.
The complaint specifically alleges that a significant volume of smuggled cement was transported using vehicles owned by Naresh Kumar Agarwal, his wife Smt. Sumita Agarwala, and his sons Aman Agarwal and Ankit Agarwal. These vehicles allegedly carried cement to consignees who are believed to be non-existent or related to Naresh Agarwal. The total evaded customs duty, including an earlier case involving M/s Garg Enterprise, is pegged at Rs 17.73 crores.
Searches conducted at the business and residential premises of Naresh Kumar Agarwal in Birpara revealed that he and his sons, Ankit and Aman, were managing the firm’s operations. During his examination under Section 108 of the Customs Act, Aman Agarwal reportedly admitted his involvement in the smuggling activities. The prosecution contended that this prima facie established his role in the large-scale smuggling of cement, leading to his arrest under Section 104 and prosecution under Section 135 of the Customs Act.
