2023 (12) TMI 390 - HC - Customs

Seeking grant of bail - Smuggling - Gold - foreign origin or not - HELD THAT - Keeping in view the fact that the applicant claims to have purchased the gold through GST invoice; that the gold pieces/bars recovered do not contain any markings indicating that it was of foreign origin; that the applicant has no previous criminal history and he is languishing in jail since 16.09.2023 and without making any observation, which may affect the merits of the case, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. Let the applicant-Ramrup Soni be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions imposed - bail application allowed.

Summary

Issues Involved:
The judgment involves the issue of bail application in a case u/s 135 (1) (A) of the Customs Act, 1962, where the applicant was found in possession of gold worth Rs. 1,04,89,860/- allegedly smuggled from Bangladesh.

Details of the Judgment:

Issue 1: Allegations and Defense
The case was registered based on a complaint by the Department of Revenue Intelligence, stating that the applicant was found with 1731 grams of gold worth Rs. 1,04,89,860/- at Kanpur Station, allegedly smuggled from Bangladesh. The applicant claimed innocence and that he was falsely implicated, with no criminal history.

Issue 2: Defense Arguments
The applicant's counsel argued that the gold had no foreign markings, indicating it was of foreign origin. They further contended that the applicant, a jeweler, had legitimately purchased the gold with a GST invoice, attached as Annexure No.3 to the affidavit. It was also argued that since gold rates in Bangladesh are higher than in India, there was no motive for smuggling.

Issue 3: Prosecution's Opposition
The counsel for the Department of Revenue Intelligence opposed the bail application, stating that the offense was detrimental to the country's economy, and therefore, the applicant should not be granted bail.

Issue 4: Judgment and Decision
After considering the facts, including the lack of foreign markings on the gold, the applicant's claim of legitimate purchase through GST invoice, absence of criminal history, and the time spent in jail, the court granted bail. The court found these factors sufficient to support the case for bail without affecting the case's merits.

Conclusion:
The bail application was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and two sureties, subject to conditions such as not tampering with evidence, pressurizing witnesses, and appearing on all trial court dates.

This summary provides a detailed overview of the judgment, highlighting the key issues, arguments presented, and the final decision of the court regarding the bail application in the Customs Act case involving alleged smuggling of gold from Bangladesh.