The Sessions Court for Greater Bombay has granted anticipatory bail to businessman Suresh Vasudev Agarwal, a 62-year-old sleeping partner in M/s Essar Impex LLP, in connection with a Directorate of Revenue Intelligence (DRI) investigation into an alleged Rs. 20 crore customs duty evasion racket involving undervaluation of imported inshell walnuts.
The anticipatory bail was allowed by Additional Sessions Judge Prashant C. Kale in Application No. 1383 of 2025, dated July 17, 2025.
Allegations of Duty Evasion
According to the DRI, Essar Impex LLP, of which Agarwal is a partner, allegedly imported over 1600 metric tonnes of inshell walnuts using under-invoiced documents to evade Basic Customs Duty (BCD) worth more than Rs. 20 crore. The agency claims that manipulated invoices were submitted in place of genuine invoices from a Chile-based supplier.
The probe, registered stems from findings that Agarwal’s firm resorted to large-scale misdeclaration of import values, in violation of the Customs Act, 1962. Goods weighing over 7,400 kilograms have already been seized during the course of the investigation, along with electronic records and documents.
Custodial Interrogation Disputed
Dr. Sujay Kantawala, Counsel for the applicant argued that he is merely a sleeping partner with no involvement in the firm’s operational affairs. His nephew, Akash Ravish Agarwal, a co-partner and active handler of the firm’s business, was arrested on June 19, 2025, and later released on bail by a magistrate court on July 5.
The applicant maintained that he had limited involvement in the firm, funding it initially as a family gesture, and that his name was included as a partner out of respect. He also expressed willingness to cooperate with the DRI investigation, even offering to record his statement via video conferencing.
Court’s Observations
The court took note of Agarwal’s age, health condition, and the absence of any prior criminal record, along with the fact that the primary partner had already been arrested and released. Judge Kale observed that “evaluating the entire available material carefully, the presence of the applicant with the respondent is not warranted.”
While denying Agarwal’s request to record his statement via video conferencing, the court acknowledged that no custodial interrogation was necessary at this stage and found merit in granting anticipatory bail to avoid unjustified detention and harassment.
Bail Conditions
Agarwal was granted bail on a personal bond of Rs. 1 lakh and a surety of the same amount, subject to several conditions.
Firstly, he must appear before the DRI office every Friday until the filing of the charge sheet.
Secondly, he cannot leave the country without prior permission.
Thirdly, he must refrain from tampering with evidence or influencing witnesses.
Fourthly, he is required to share and update his contact details with the investigating agency.
Lastly, he must regularly attend court proceedings.
Case Details
Case Title: Suresh Vasudev Agarwal Versus Directorate of Revenue Intelligence
Case No.: ANTICIPATORY BAIL APPLICATION No.1383 OF 2025
Date: 17th July, 2025
Counsel For Petitioner: Dr. Sujay Kantawala
Counsel For Respondent: SPP Pathak
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