2022 (4) TMI 834 - HC - Customs

Seeking grant of default bail - Smuggling - Gold Cylinder - active involvement not only in the smuggling of gold but also in snatching away gold from the passengers who act as carriers on their arrival in various Airports - HELD THAT - It appears that nothing has been seized from this petitioner though the allegation is that he is the kingpin who made arrangements for smuggling of gold from abroad. Since the investigating agency requires more time to unearth the details involved in this case, they could not submit the final report after completion of the investigation. Doubtless that the nature of the accusation levelled against this petitioner as well the other accused are very grave and serious. It is fact that so many persons are involved in the smuggling business which is a real threat as it creates instability and corrosive impact on the economy of our country. The illicit trade of gold is increasing day by day though the customs is vigilant and cases are being registered regularly; still the authorities could not curb the same totally due to various reasons. But it is a fact that the petitioner is in custody since 29-6-2021 and the investigating agency is still collecting materials to apprehend all the persons involved in this smuggling business - Though the complicity of this petitioner in the alleged crime is prima facie revealed from the materials so far collected by the investigating agency, considering the period of detention undergone by him in judicial custody as well the fact that the investigating agency could not complete the investigation of the case till date, he is entitled for default bail. The petitioner shall be released on bail on his executing bond for a sum of ₹ 5,00,000/- with two solvent sureties for the like sum each to the satisfaction of the Court having jurisdiction - Petition allowed.

Summary

Issues: Bail application under Sec. 439 of the Code of Criminal Procedure in a smuggling case involving the petitioner as accused No. 2.

In this judgment, the petitioner, accused No. 2 in a smuggling case, filed a bail application under Sec. 439 of the Code of Criminal Procedure. The case involved the interception of a passenger carrying smuggled gold at the airport. The petitioner was alleged to have an active role in the smuggling operation, arranging for the gold to be smuggled. The prosecution contended that the petitioner was part of a gang involved in various criminal activities, including smuggling and snatching gold from passengers. The petitioner denied the allegations, stating that he had cooperated with the investigation and no incriminating evidence was found against him. The court noted the seriousness of the accusations and the threat posed by smuggling to the nation's economic security. Despite prima facie evidence of the petitioner's involvement, considering the time spent in custody and the ongoing investigation, the court granted bail under specific conditions. The conditions included a bail bond, regular appearances before the investigating officer, restrictions on travel, surrender of passport, non-involvement in any offense while on bail, and prohibition from leaving the state without court permission. The bail application was allowed based on these conditions.