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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 ..... i Nagar, District Lucknow. 3. Learned Counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in this case. No gold as shown by the prosecution has been recovered from the possession of the accused-applicant and the prosecution story is false and concocted. He further submits that accused-applicant was going from Alipur Dwar (West Bengal) to Delhi for the purpose of purchasing goods for his shop on 7-11-2018 by Mahananda Express and on 8-11-2018 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tawah on 9-11-2018 along with some amount of gold and on the information being given to the Customs officials, a team of the Customs officials went to Bharthna, Etawah and 24 pieces of gold, cumulative weight of which is found 3983.24 grams with a purity of 24 carats having a total value of Rs. 1,27,07,110/- have been recovered from the possession of the accused-applicant. He further submits that 24 pieces of gold so recovered from the possession of the accused-applicant were evaluated and the value of the gold 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his statement recorded under Section 108 of Customs Act has admitted his complicity in the crime and in categorical terms stated that he was carrying 24 pieces of gold on the instruction of one Mohd. Anwar, who is a citizen of Burma and the same was to be delivered to some person at Delhi, the name of which was to be disclosed at his arrival at Delhi. 10. The above factual matrix shows that accused-applicant is involved in illegal smuggling of the gold and may be a part of large racket/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 recor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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