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TMI Blog2019 (11) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of the accused-applicant recorded under Section 108 of the Customs Act is admissible in evidence and from the perusal of whole record no fact has been highlighted, which may reflect that power has been exercised by the Custom Officers/Officials on whims. The accused-applicant was produced before the Magistrate without any delay after arrest and keeping in view the facts and circumstances of the case as well as the magnitude of the recovery of the gold from the possession of the accused-applicant as well the non-preferring any reasonable explanation of such possession, does not incline this Court to grant bail to the accused-applicant. There are no good ground to release the accused-applicant on bail - Under Section 104 of the Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 some police personnels in civil dress came in train and forcefully took him away and this fake and forged recovery of gold has been shown from the possession of the accused-applicant. 4. He further submits that the departure time of Mahananda Express from Alipur Dwar (West Bengal) on 7-11-2018 is 9.25 hours and arrival time at Bharathana is 14.59 on 8-11-2018, therefore there was no occasion for the accused-applicant to be present at the time and place at Bharthana, which has been wrongly and falsely shown by the prosecution. 5. He further submits that the Custom Officers had forcefully taken the signature of the accused-applicant on the statement allegedly recorded under Section 108 of Customs Act. The accused-applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ceased was found as mentioned herein above. The statement of the accused-applicant was also recorded under Section 108 of Customs Act, wherein the accused-applicant has stated that he was given these 24 pieces of gold by one Anwar at a hotel situated at Nemphalong Burma (near India Burma Border). He is a small shop-keeper at Lilong (Manipur) and used to go to Burma frequently where he met with the above said Anwar, who convinced to carry the said gold to Delhi and promised to pay ₹ 50,000/- and the person to whom the gold is to be delivered at Delhi was stated to be informed on his arrival at Delhi. 8. It has been further contended by Learned Special Counsel for Customs that the recovered gold has been ceased under the rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ket/gang. There is sufficient material on record substantiating the allegation against the accused-applicant. The statement of the accused-applicant recorded under Section 108 of the Customs Act is admissible in evidence and from the perusal of whole record no fact has been highlighted, which may reflect that power has been exercised by the Custom Officers/Officials on whims. The accused-applicant was produced before the Magistrate without any delay after arrest and keeping in view the facts and circumstances of the case as well as the magnitude of the recovery of the gold from the possession of the accused-applicant as well the non-preferring any reasonable explanation of such possession, does not incline this Court to grant bail to the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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