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TMI Blog2021 (5) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... . K.V. Saste-APP for the State. P.C. : (Through Video Conference) 1. Heard by video conferencing. 2. This is an application under section 439 of Cr.P.C. The applicant is arrested on 11th March 2021 in Remand Application No. 3/2021 for the offences punishable under section 131(1)(a)(b) and 135(1)(I)(A) of Customs Act, 1962. 3. The facts of the case in a nutshell are as follows:- 4. On 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that in fact, the gold belonging to one Mr. Mohammed Farhan and that he was scared of Mr. Mohammed Farhan and therefore, in order to save them he had implicated the present applicant and Mr. Zamane. The said statement was again reiterated on 23rd November 2020. 7. A show cause notice is issued to Mr. Zuhair Penkar under section 124 of the Customs Act, 1962. According to the prosecution, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no knowledge as to who is the owner of the gold which was seized from Mr. Penkar. In fact, he had requested Mr. Zamane to arrange a salesman for Mr. Farhan and i.e. his only link with Mr. Farhan, Amin and Zamane. 9. The learned counsel for the applicant has vehemently submitted that Mr. Penkar has acknowledged that he had carried prohibited gold to Pune at the instance of Mr. Farhan and that he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant was arrested. 12. Taking into consideration the fact that, Mr. Penkar and Mr. Zamane have been enlarged on bail by the Learned Magistrate, and upon taking into consideration the value of the gold which was seized on 7th December 2019 the applicant, in the facts of the case, which is discussed above also deserves to be enlarged on bail upon imposing certain conditions. ORDER a) The a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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