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2024 (2) TMI 1271 - HC - CustomsApplication filed u/s 439 of the CrPC - for regular bail - Smuggling - Gold Paste - Offence punishable under Sections 135(1) (i)(a) and 135(1)(i)(b) of the Customs Act, 1962 - HELD THAT - There is no recovery or discovery at the instance of the present applicant accused. The applicant accused has been arraigned as an accused on the basis of the statement of the co-accused. Thus, considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail on executing a personal bond with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions. The authorities will release the applicant only if he is not required in connection with any other offence for the time being - The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.
Issues Involved:
1. Regular bail application under Section 439 of the Code of Criminal Procedure, 1973. 2. Allegations of smuggling gold under Sections 135(1)(i)(a) and 135(1)(i)(b) of the Customs Act, 1962. 3. Role of the applicant accused, a Police Sub-Inspector, in the alleged conspiracy. 4. Opposition to bail by the prosecution based on the nature and gravity of the offence. Summary: The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with DRI File Number: DRI/AZU/SRU/B/INV-11 of 2023 registered with Directorate of Revenue Intelligence, Surat Unit, for the offence punishable under Sections 135(1)(i)(a) and 135(1)(i)(b) of the Customs Act, 1962. Learned Senior Advocate Mr. J. M. Panchal for the applicant argued that secret information led to the interception of four individuals attempting to smuggle 38,155 grams of gold in paste form through Surat Airport. The applicant, a Police Sub-Inspector at the Immigration Department, was allegedly involved in the conspiracy, but no gold was found in his possession. The prosecution's case hinges on statements recorded under Section 108 of the Customs Act and circumstantial evidence, including CCTV footage and the applicant's suspicious behavior. Learned APP Mr. J. K. Shah and Senior Standing Counsel Mr. Siddarth Dave opposed the bail, emphasizing the applicant's duty to uphold the law and his alleged involvement in facilitating the smuggling operation. They argued that the applicant's actions, including deleting WhatsApp data and destroying his SIM card, indicated his culpability and potential to obstruct justice. After hearing the arguments and considering the investigation papers, the Court noted that the applicant has been in judicial custody since 09.07.2023, with the investigation now complete. The offences are triable by a Magistrate, and there is no recovery or discovery at the applicant's instance. The Court found it appropriate to exercise discretion in favor of the applicant, referencing the principles laid down by the Hon'ble Apex Court in Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr. The application was allowed, and the applicant was granted bail on executing a personal bond of Rs. 15,000/- with one surety of the like amount, subject to conditions including not misusing the liberty, surrendering his passport, not leaving Gujarat without permission, marking presence at the police station, and providing his current address. The authorities were directed to release the applicant if not required in connection with any other offence. The trial Court was instructed not to be influenced by the observations made while granting bail. The application was allowed, and Rule was made absolute.
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