2015 (11) TMI 1227 - HC - Customs

Bail Application - Attempt to smuggle gold - Held that - applicant is entitled to be released on bail. - applicant Arvinder Pal Singh be released on bail in the case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to certain additional conditions - Decided conditionally in favour of Appellant.

Summary

Issues: Bail application in a case involving smuggling of gold into Indian Territory.

In the judgment delivered by Manoj Misra, J., the High Court of Allahabad considered a bail application filed in a case under Sections 104/135 of the Customs Act. The applicant was apprehended by the Shasastra Seema Bal (SSB) before entering Indian Territory, with 4 kgs of gold concealed in a laptop. The applicant argued that he intended to declare the gold at the Customs Check Post and had no prior criminal record. The prosecution contended that attempting to bring gold from Nepal in a laptop indicated an intention to smuggle. The court, without commenting on the case's merits, granted bail to the applicant, Arvinder Pal Singh. The bail was subject to conditions such as filing an undertaking not to seek adjournments during witness presence, appearing in court on all dates, and facing consequences for misuse of bail. Additionally, the applicant had to be present for specific trial court proceedings to avoid being deemed to abuse the liberty of bail.