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TMI Blog2019 (10) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... Senior Advocate assisted by Mr. Atul Pandey, learned counsel for the applicant, Mr. Krishna Agarwal, learned counsel for the opposite party no.2 and Mr. Prashant Kumar, learned A.G.A. for the State as well as perused the material on record. The present bail application has been filed by the applicant-Mahendra Soni with a prayer to enlarge 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-M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot claimed ownership of the alleged gold bars and he has been falsely implicated as nothing was recovered from his possession. Two gold bars are alleged to have been recovered from the possession of the applicant and the same were valued at ₹ 66,94, 640/-, therefore, as per the relevant provision, the alleged office is bailable offence as the same is below ₹ 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that on the information received, when the officers of D.R.I. intercepted the applicant and the coaccused Sanjay Kumar Agrawal, upon enquiry whether they were carrying any contraband/gold bars etc., they accepted that they were carrying foreign origin gold bards with them concealed in waist belt worn by the applicant and in the trousers' pocket and shoes 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 ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 135 relating to---- ......... ...... (c) import or export of any goods which have not been declared in accordance with the provisions of this Act and the market price of which exceeds one crore rupees; or (d) fraudulently availing of or attempt to avail of drawback or any exemption from duty provided under this Act, if the amount of drawback or exemption from 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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