The District and Additional Sessions Judge, Panvel, Shri Jairaj D. Wadne, granted anticipatory bail to businessman Rajesh Tulsidas Nakhua, who was booked by the Directorate of Revenue Intelligence (DRI) in connection with an alleged smuggling syndicate involving Areca Nuts.
The case originated when DRI officials intercepted 14 containers declared as Calcium Nitrate in shipping documents. Upon inspection, the goods were found to be Areca Nuts. The consignment, shipped from Jebel Ali Port, Dubai on August 24, 2023, reached JNPT Uran on August 30, 2023. The authorities seized the cargo on September 11, 2023, suspecting a well-organized smuggling operation.
The prosecution alleged that Nakhua, linked with proprietorship firm Make India Impex, had absconded during searches and switched off his mobile phone. They further claimed that the accused had concealed prior criminal cases, including one involving genetically modified soybeans and other FIRs under IPC sections 420, 385, 465, 467, and 120B.
Dr. Sujay Kantawala, the counsel for the applicant argued that he neither claimed ownership of the goods nor intended to do so. As per Supreme Court rulings, if goods are unclaimed or abandoned, the exporter remains the owner unless fraud is established. Mere registration of cases without conviction does not make the applicant a habitual offender.
Reliance was placed on landmark judgments such as Union of India vs. Sampat Raj Dugar (1992), where the Supreme Court held that exporters could seek re-export of unclaimed goods unless proven complicit in fraud.
The court noted that while cases were indeed registered against the applicant, no convictions were proved. It ruled that without a conviction, the applicant could not be branded a “serial lawbreaker.”
Granting anticipatory bail, the court directed that interim protection earlier granted on September 8, 2023, was confirmed. Nakhua must attend the investigation whenever summoned, with prior notice. He shall not threaten or induce witnesses or tamper with evidence. The investigating agency and Customs authorities will be informed accordingly.
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