9911796707
TMI Blog2019 (10) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... him on bail in Case Crime No. Nill of 2019, under Section 135 of the Customs Act, 1962, Police Station-D.R.I., District-Varanasi, during the pendency of the trial. As per the prosecution case, it is alleged that on the information received on 14th February, 2019 that two persons, namely, Mahendra Soni (applicant herein) and Sanjay Kumar Agarwal, who were travelling in R.M.S. General Coach of Howrah-Mumbai Mail from Kolkata, were carrying foreign origin gold in huge quantity, which had been smuggled in India from Bangladesh, the officers of the Directorate of Revenue Intelligence (for short "D.R.I.) reached the Deendayal Upadhyay Railway Station and intercepted the accused persons including the applicant. From joint possession of both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is below Rs. 1 crore. In support of his plea, learned counsel for the applicant has placed reliance upon the judgment of the Apex Court in the case of Om Prakash & Another Vs. Union of India & Another reported in (2012) 3 SCC (Cri) 1249, wherein after considering the relevant provisions of the Act, 1962, the Apex Court has held that the offence committed is said to be bailable offence under the Act, 1962. The applicant has no criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 14th February, 2019. Per con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... worn by the coaccused Sanjay Kumar Agrawal. Learned counsel for the opposite party no.2 as well as learned A.G.A. for the State have next submitted that both the accused persons, namely, the applicant and the coaccused Sanjay Kumar Agarwal were travelling together, therefore, recovery is to be seen in that manner and five gold bars of 4,996.05 grams, which were of the value of Rs. 1, 67,36, 767/- has been done from the applicant as well as from the co-accused Sanjay Kumar Agrawal. It is further submitted that the same were seized under Section 110 of the Act, 1962 under the reasonable plea that they have brought the alleged gold bars India from Bangladesh in violation of provisions of Sections 7 (1) (C), 11 and 46 of the Act, 1962 read wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty exceeds fifty lack rupees, shall be non-bailable." It is next submitted that the applicant has not been able to show or produce any document from which it is established that the importation of alleged gold bars in India was legal. Dealing with the complicity of applicant-accused and in light of the material on record, the learned A.G.A. as well as learned counsel for the opposite party no.2 vehemently submit that no case for bail is made out and the bail application of the present applicant is liable to be rejected. Having considered the submissions made by the learned counsel for the applicant and the learned counsel for the opposite parties and upon perusal of the evidence brought on record as well as the complicity of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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