2019 (2) TMI 1399 - DSC - Customs

Smuggling - Cigarettes - It has been alleged that accused being Custom Officer was aiding co-accused in smuggling of the said articles - Held that - It has been admitted by Ld. SPP for Customs during arguments that the accused was indeed a part of team which investigated the said case as mentioned by Ld. Senior Advocate Sh. Vikas Pahwa. It is stated that the accused has been apprehended only on the basis of disclosure statement of co-accused and said statement was also retracted by him - The accused is in Judicial Custody since 04.02.2019. His custodial interrogation is no more required. The applicant/accused Sunil Kumar is admitted to bail on furnishing personal bond In the sum of ₹ 50,000/- with one surety in the like amount to the satisfaction of the Ld. CMM/Link MM/Duty MM.

Summary

Issues: Allegation of aiding and abetting smuggling by a Customs Inspector, False implication, Custodial interrogation necessity, Bail application

Allegation of aiding and abetting smuggling by a Customs Inspector:
The prosecution alleged that the accused, a Customs Inspector, was involved in aiding and abetting smuggling of goods with other accused individuals. The co-accused were reportedly engaged in smuggling cigarettes, cameras, and other items valued at ?1,09,74,500. The accused was accused of assisting in the smuggling activities.

False implication:
The counsel for the applicant/accused argued that the accused had been falsely implicated at the instigation of a co-accused, Gagan Jot Singh, who had previously been caught by the accused while attempting to smuggle similar goods. The Special Public Prosecutor for Customs acknowledged during arguments that the accused was part of the team that investigated the earlier case. It was claimed that the accused was arrested solely based on the disclosure statement of the co-accused, which was later retracted. The defense contended that Gagan Jot Singh falsely named the accused out of revenge.

Custodial interrogation necessity:
The accused had been in judicial custody since 04.02.2019. It was determined that the custodial interrogation of the accused was no longer required, considering the circumstances of the case and the arguments presented by the counsel for the applicant/accused.

Bail application:
After considering the submissions made by the counsel for the applicant/accused and evaluating the overall facts and circumstances, the court granted bail to the accused, Sunil Kumar, upon furnishing a personal bond of ?50,000 with one surety of the same amount to the satisfaction of the Ld. CMM/Link MM/Duty MM. The order for bail was issued accordingly.