‘Flat buyer faces FIR, industrialist pays Rs 6 crore for Rs 22,000 crore loan’: Bombay HC asks why

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The Bombay has slammed Customs Officer over 'no-objection' to anticipatory bail in Rs 34 crore fraud case (File photo)The Bombay High Court, while pulling up a Senior Officer of the Customs department for giving a “no-objection” for the granting of anticipatory bail to an accused booked in a fraud amounting to Rs 34 crore, said that this was “not the way a public officer should function” and summoned him to appear before the court on Tuesday.The HC judge also questioned if the law was equal for everyone, noting that while an FIR is registered against a flat purchaser who defaults on a home loan, when an industrialist takes a Rs 22,000-crore loan, only Rs 6 crore is required to be paid.A single-judge bench of Justice Madhav J Jamdar was hearing the anticipatory bail plea of an accused in connection with an alleged customs fraud involving Rs 34 crore.The judge then took exception to the affidavit filed by Abhishek Mehra, Senior Intelligence Officer, Special Intelligence and Investigation Branch (Import), Jawaharlal Nehru Custom House, Nhava Sheva in Raigad, which stated that the department had no objection to the grant of anticipatory bail.Also Read | Maharashtra SIR after Express investigation: Bombay HC moved over ‘unilateral administrative orders’, hearing on Oct 22“Who are you to decide who should be given anticipatory bail or not? You are a public officer. The modus operandi is, it is shown that the goods are imported from a country with which we are having a concession over customs duty to be paid, and in fact the goods are imported from Saudi Arabia by this method. It is not your own money. How could such a type of affidavit be filed?” Justice Jamdar orally questioned.“If a poor person commits a theft of Rs 500, he is immediately taken into custody, and such types of white-collar criminals are roaming. It is a very serious offence where 34 crores of public money is involved, and unfortunately, Abhishek Mallick, Senior Intelligence Officer, Special Intelligence and Investigation Branch (Import), filed an affidavit stating that the Respondent has no objection to the grant of anticipatory bail,” the judge noted and sought the withdrawal of the affidavit.“If a loan is taken by a flat purchaser and not paid, his flat is mortgaged, an FIR is lodged. If an industrialist takes Rs 22,000 crore, 6 crore is paid, and he is clear. So is the law not equal for everybody when public money is involved?,” The judge questioned Customs and sought the officer’s presence before the court on Tuesday.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read MoreStay updated with the latest - Click here to follow us on InstagramTags:Bombay High Court