9911796707
|
Home
Issues:
- Bail application under Section 439 of the Code of Criminal Procedure - Presence of silver slabs in truck intercepted by Directorate of Revenue Intelligence - Allegation of smuggling silver from Pakistan - Arguments regarding lack of corroborative evidence and admissibility of statements - Consideration of bail based on severity of offense and likelihood of tampering with evidence or committing similar offenses Analysis: The petitioner filed a bail application under Section 439 of the Code of Criminal Procedure, seeking release. The case involved the interception of a truck by the Directorate of Revenue Intelligence (DIR), where silver slabs were found concealed. The petitioner, along with others, was present at the scene. The petitioner's counsel argued lack of corroborative evidence to prove smuggling from Pakistan and inadmissibility of co-accused statements. The State contended that concrete information indicated the silver's origin and the petitioner's involvement. The court considered the circumstances, including the early morning interception and the petitioner's proximity to the location, suggesting prior knowledge. The concealment of silver under soil indicated clandestine efforts, supporting the smuggling allegation. The petitioner's statement under Section 108 of the Customs Act, mentioning his involvement in smuggling activities, further implicated him. The court referenced previous cases emphasizing the seriousness of economic offenses and the community's interest in prosecuting such offenders. The petitioner's alleged history of involvement in smuggling activities, including a prior seizure case, raised concerns about potential future offenses if granted bail. Considering these factors, the court concluded that it was not a suitable case for bail. The court clarified that its decision did not prejudice the trial court's independent assessment of the bail application. Ultimately, the petition for bail was dismissed, maintaining the petitioner's custody pending trial.
|
