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2024 (5) TMI 1160 - HC - CustomsSeeking to grant Bail u/s 135(1)(a) 135(1)(b) - possession of foreign origin gold without paying custom duty - HELD THAT - Considering the material on record, the punishment under the said Act, the period applicants remained in jail and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. In case of breach of any of the any bail conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Issues involved: Bail application u/s 135(1)(a) & 135(1)(b) of Customs Act, 1962 for possession of foreign origin gold without paying custom duty.
Summary: The bail application was filed for the release of the applicants involved in possessing foreign origin gold without paying custom duty. The gold was seized by D.R.I. authorities during transportation from Delhi to Meerut. The applicants were found with 1 kg & 995 gms of gold bearing foreign seals and some jewelry. The offences u/s 135(1)(a) & 135(1)(b) of the Customs Act are punishable with 7 years imprisonment. The value of the gold recovered was assessed at Rs.2,07,70,904/-. The applicants, employees of M/s Sagar Goel, had no criminal antecedents and cooperated with the authorities. The bail application was opposed by the D.R.I. counsel, stating lack of documentation for the gold's origin. Considering the circumstances, submissions, and the period applicants spent in jail, the Court granted bail to the applicants - Rinku Gupta, Tushar Gupta & Harshabh Maheshwari. They were ordered to furnish a personal bond and two sureties each. The conditions included not tampering with evidence, appearing in court, refraining from pressurizing witnesses, not leaving the country, and complying with other specified terms. Breach of conditions could lead to bail cancellation upon prosecution's application.
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