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2024 (5) TMI 1285 - HC - CustomsSeeking Bail application for the offence punishable u/s 135 - smuggling - Seizure of gold - HELD THAT - Without going into the merits of the case the complaint itself indicates that the same is to be established based upon the evidence which are six in numbers; the complaint has been filed in the month of April 2024 and the trial has not even started the gold seized is in the possession of the Department. The applicant has no criminal antecedents prima facie the offence appears to be compoundable by virtue of Section 137(3) of the Customs Act and there is nothing on record to demonstrate that the applicant if enlarged on bail would in any way adversely affect the trial I am of the view that the applicant is entitled to be released on bail. Accordingly the bail application is allowed.
Issues involved: Bail application u/s 135 of the Customs Act.
Summary: The judgment by the Hon'ble Pankaj Bhatia, J. of the Allahabad High Court addressed a bail application filed by the applicant who was apprehended for allegedly smuggling gold of foreign origin. The applicant was found carrying a significant amount of gold valued at over Rs.2 crore while traveling from Varanasi to Lucknow. The Customs Department seized the gold u/s 110 of the Customs Act and formed a view that the goods were liable for confiscation u/s 111 of the Customs Act. The applicant, through his counsel, argued that his arrest was arbitrary and in violation of Section 104 of the Customs Act. It was contended that the manner of seizure was contrary to the prescribed procedure under the Customs Act. Additionally, it was highlighted that the offence u/s 135 of the Customs Act, for which the applicant was being tried, is triable by a Magistrate and is compoundable u/s 137(3) of the Customs Act. On the other hand, the counsel for the D.R.I. opposed the bail plea, emphasizing the gravity of the offence considering the substantial value of the gold involved. However, it was acknowledged that the applicant had no criminal history. The Court noted that the trial had not commenced, the applicant had no criminal antecedents, and the offence appeared to be compoundable u/s 137(3) of the Customs Act. Therefore, the Court granted bail to the applicant, subject to certain conditions including attending court hearings, refraining from committing similar offences, and not leaving India without court permission.
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