2023 (11) TMI 922 - HC - Customs

Seeking grant of bail - Smuggling of Gold Biscuits - occupants of the vehicle failed to give satisfactory answers as to the possession of such gold biscuits without any valid documents - HELD THAT - The allegation of the prosecution that the accused person in question is involved in smuggling activities, has not been definitely ascertained as far as the present progress of investigation is concerned. Prima facie, it appears that the sections of law quoted in the case registered pursuant to the filing of the FIR may also have no relevance to the facts and circumstances of the case, though, it is too early at this stage to come to any definite conclusion. Since the Customs Act is not in the picture as far as this case is concerned, all the authorities relied upon by the learned counsel for the petitioner has no relevance for consideration by this Court - Be that as it may, on a general appraisal of the facts and circumstances of this case, and looking into the nature and gravity of the alleged offence, this Court is of the considered opinion that the accused person can be enlarged on bail provided he fulfills certain conditions to be imposed by this Court. This Court is inclined to allow this petition and to direct release of the accused person Shri. Sadeep Kumar Sunar on bail on the conditions imposed - bail application allowed.

Issues involved: Arrest under various sections of IPC, Bail application under Section 439 Cr.P.C, Alleged smuggling of gold biscuits, Relevance of Customs Act in the case, Criminal antecedents of the accused, Family circumstances of the accused, Legal precedents cited by both parties, Bail conditions set by the Court.

Arrest under various sections of IPC: The petitioner, sister of the arrested person, sought bail for Shri. Sadeep Kumar Sunar who was arrested in connection with a case under Section 120B/420/467/468/424/329/411/414/34 IPC. The arrest was made based on information received by the police regarding a consignment of gold biscuits being moved by the arrested person and others in a vehicle.

Bail application under Section 439 Cr.P.C: The petitioner's counsel argued that the arrest and charges were not relevant to the accused as they were not connected to smuggling activities. It was contended that the proper procedure for seizure of suspected smuggling goods was not followed, as the case was registered under IPC provisions instead of the Customs Act. The petitioner also highlighted the accused's lack of criminal antecedents and his role as the sole breadwinner of his family.

Alleged smuggling of gold biscuits: The State contended that the accused was involved in illegal procurement of gold biscuits, part of an organized smuggling syndicate. The police alleged that the accused admitted to purchasing some of the seized gold biscuits. It was argued that releasing the accused at this stage could hinder the ongoing investigation into the smuggling activities and the unidentified seller of the gold biscuits.

Relevance of Customs Act in the case: The Court observed that the involvement of the Customs Act was crucial in cases of smuggling, which was not invoked in this instance. The Court noted that the legal authorities cited by the petitioner regarding the Customs Act were not applicable to the current situation due to the absence of Customs Act procedures in the case.

Criminal antecedents of the accused and family circumstances: The petitioner's counsel emphasized the accused's lack of criminal history and his role as the primary provider for his family, comprising elderly parents, a wife, and minor children. These factors were presented as grounds for granting bail to the accused.

Legal precedents cited by both parties: The petitioner's counsel referenced legal cases to support the bail application, while the State relied on the accused's alleged involvement in smuggling activities and the ongoing investigation. The Court considered these arguments and legal precedents in reaching its decision.

Bail conditions set by the Court: After evaluating the facts and circumstances of the case, the Court decided to grant bail to the accused with specific conditions. The Court imposed conditions including restrictions on absconding, tampering with evidence, leaving the country without permission, and requiring the accused to appear before the Investigating Officer or the court as necessary. Bail was granted upon the accused providing a personal bond and surety as specified by the Court.

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