2024 (4) TMI 873 - Other - Customs

Seeking grant of bail - custody for more than 41 days - Smuggling - Gold - Indian and Foreign currency - HELD THAT - There is possibility that, there may be more recovery and more involvement of the persons who are yet to be arrested. But it is required to note that as per their statement they themselves were not bringing gold from the Dubai but the part of smuggling. It is not disputed that there is huge recovery of Indian and foreign currency with gold and silver bars. But thereafter no further progress in the investigation is shown. Moreover, no further statement of the accused is recorded on the basis of further investigation. Already there was sufficient time with the respondent to investigate about his further involvement in the alleged smuggling. The prosecution is suspecting that he may again involved himself in similar type of activity. But care can be taken by imposing certain conditions to prevent him from engaging in smuggling activity. Therefore considering all these circumstances and already the seized currency and other goods were with the respondent it is just and proper to enlarge her bail on certain conditions. Accused is allowed to be released on bail, subject to fulfilment of conditions imposed - bail application allowed.

Summary

Issues involved: Bail application in a case of alleged smuggling of gold u/s 135 of the Customs Act, 1962.

Summary of Judgment:

Issue 1: Allegations and defense of the accused
The accused, a woman, was arrested for alleged involvement in smuggling gold. She claimed innocence, stating her husband was the one involved. She helped her husband in his construction business and denied any knowledge of the smuggled gold. Cash and gold were recovered from other co-accused, not her. She cooperated with the investigation and sought bail.

Issue 2: Objection by the Respondent
The Intelligence Officer objected to the bail application, citing evidence of the accused's involvement in smuggling. Statements of co-accused implicated her in moving cash and silver bars. Significant amounts of currency and precious metals were recovered based on her statements.

Issue 3: Investigation concerns and role of the accused
The investigation was ongoing to locate other syndicate members. The accused was seen as a key member involved in disposing of smuggled gold. Concerns were raised that her release could hamper the investigation, lead to evidence tampering, and witness influence.

Court's Decision
After considering arguments from both sides, the court allowed the bail application with certain conditions:
1. Accused to be released on bail with a PR Bond and sureties.
2. Provisional release on cash bail for two months.
3. Conditions include non-interference with witnesses, cooperation with investigation, surrendering passport, seeking court permission for travel abroad, providing contact details, and informing any address changes.

This judgment balanced the accused's right to bail with the need to ensure her availability for further investigation and trial proceedings.