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TMI Blog2021 (7) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... es also prima facie indicates that the petitioners are very much involved in smuggling of gold and silver, which is injurious to economic growth of the nation. Hon'ble the Supreme Court in recent judgment passed on 19th March, 2021 in case of THE STATE OF KERALA VERSUS MAHESH [ 2021 (3) TMI 1226 - SUPREME COURT] , while examining the order passed by the Supreme Court in Suo Moto Writ Petition (C) No. 01/2020 in para 38 held the orders of this Court are not to be construed as any direction, or even observation, requiring release of under-trial prisoners charged with murder, and that too, even before investigation is completed and the charge-sheet is filed. The possibility of the accused /petitioners absconding or otherwise defeating or delaying the course of justice, reasonable apprehension of witnesses being threatened or influenced or of evidence being tempered, therefore, the petitioners are not entitled to get benefit from order of the Supreme Court and the recommendation of the High Power Committee - The Chief Judicial Magistrate, Raipur has not committed any error in rejecting the application of the petitioners for grant of interim bail, warranting interference of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aipur (C.G.). 3. The respondents have filed reply on 18.05.2021 (Annexure P/8) to the application dated 11.05.2021 filed by the petitioner for grant of interim bail mainly contending that the officers of Directorate of Revenue Intelligence (DRI) Raipur Unit has seized the foreign origin 116 bars gold from Ranjeet Maruti Phate and Jijoba Shankar Kadam. The value of 116 gold bars (13.530 Kg.) was ₹ 6,56,21,664/-. On seizure proceeding on 01.05.2021, as per information given by the accused persons, officers of DRI have conducted further action on 02/03.05.2021 in the premises of petitioner No. 1-Vijay Kumar Baid and seized 4.652 Kg. gold value of ₹ 2,25,63,782/-. They have also seized 4563 Kg. silver value of ₹ 30,80,32,626/-. They also seized unaccounted cash money of ₹ 32,35,100/-. The accused Ranjeet Maruti Phate and Jijoba Shankar Kadam have voluntarily accepted their guilt on the statement recorded as per Section 108 of the Act, 1962. After arrest, they have been sent to the court of Chief Judicial Magistrate, Raipur, who has given order for two days remand upto 05.05.2021 and thereafter, both accused persons have been sent to judicial custody till 18.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been filed regular bail application under Section 437 439 of the Cr.P.C., therefore, the interim bail application is also not maintainable. He would further submit that there is a remedy available under various provisions of Cr.P.C, therefore, neither the interim bail application filed before the trial Court nor the present petition is maintainable. Apart from the offence under Section 135 of the Customs Act, 1962, further investigation for various offences under various Acts has also been initiated or likely to be initiated. He would further submit that as per notification dated 07.03.2002, the officers of Directorate of Revenue Intelligence (DRI) will be appointed as Customs Officers and offence committed by the petitioners is severe economical offence and the investigation is pending. In fact, they are not cooperative, they may influence the other witnesses, therefore, they are not entitled for grant of interim bail. He would further submit that the Hon'ble Supreme Court has also held that economic offence is severe than the offence of murder as the economic offence can affect the economic condition of whole nation and prayed for rejection of this writ petition. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111 or section 113, as the case may be; or (c) attempts to export any goods which he knows or has reason to believe are liable to confiscation under section 113; or (d) fraudulently avails of or attempts to avail of drawback or any exemption from duty provided under this Act in connection with export of goods, he shall be punishable,- (i) in the case of an offence relating to,- (A) any goods the market price of which exceeds one crore of rupees; or (B) the evasion or attempted evasion of duty exceeding thirty lakh of rupees; or (C) such categories of prohibited goods as the Central Government may, by notification in the Official Gazette, specify; or (D) fraudulently availing of or attempting to avail of drawback or any exemption from duty referred to in clause (d), if the amount of drawback or exemption from duty exceeds [fifty lakh] of rupees, with imprisonment for a term which may extend to seven years and with fine: Provided that in the absence of special and adequate reasons to the contrary to be recorded in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing in the above criterion should not be considered for release. The under trial prisoners, who are facing trial under Prevention of Corruption Act/ Prevention of Money Laundering Act, 2002 and cases investigate by CBI/ED/NIA/ Special Cell, Crime Branch, SFIO, Terror related cases, Riot cases, under Anti-National Activities and Unlawful Activities (Prevention) Act etc., are not entitled to be released. 11. From perusal of record and the material collected in case diary submitted by the investigating authority, prima facie shows the involvement of the petitioners in alleged offence of smuggling of gold. The petitioner No. 1- Vijay Baid is also facing proceeding under Section 124 of the Customs Act by the Directorate of Revenue Intelligence, Lucknow Zonal Unit, Lucknow dated 22.02.2020 and for that the investigation is under progress. The show cause notice has been issued without prejudice to any other action that may be taken against the persons/ persons under any other law for the time being in force including the Customs Act, 1962. This prima facie establishes that the petitioners are habitual offenders. The diary statement of the witnesses also prima facie indicates that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the learned Attorney General of India, Mr. Venugopal, the Amicus Curiae appointed by this Court, Mr. Dushyant Dave and other Learned Counsel, the States and Union Territories were directed to constitute a High Powered Committee to determine which class of prisoners could be released on parole or interim bail for such period as might be thought appropriate. By way of example, this Court directed the States/Union Territories to consider release of prisoners convicted of minor offences with prescribed punishment of seven years or less. The orders of this Court are not to be construed as any direction, or even observation, requiring release of under-trial prisoners charged with murder, and that too, even before investigation is completed and the chargesheet is filed. The Respondent Accused, it is reiterated, is charged with murder in the presence of an eye witness, and the impugned order granting bail was filed even before the chargesheet was filed. The Chargesheet appears to have been filed on 01.01.2021. Moreover the Respondent Accused had been absconding after the incident. 13. The possibility of the accused /petitioners absconding or otherwise defeating or delaying the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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