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2022 (7) TMI 933

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..... ct that they have put gold bars under the seat, therefore, it may be presumed that present applicant had knowledge that smuggled gold was being carried in the said vehicle and he is involved in the illegal transaction of smuggling of huge quantity of gold. In view of the prima facie sufficient evidence available against the present applicant on record and bearing in mind that such a grave offence would cause damage to the economy of the nation and larger interest of the country, at this stage this Court is not inclined to grant bail to the present applicant, who is involved in serious offence of smuggling of huge quantity of gold. Application dismissed. - MISC. CRIMINAL CASE No. 32614 of 2022 - - - Dated:- 18-7-2022 - HON'BLE .....

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..... gold bar Essaycurfoundeur was written and on one bar AL ETIHAD GOLD Dubai UAE 1 Kilo Gold 995.0 Melter Assayer was written. By inquiring the person siting on the driver seat, the applicant informed his name as Shri Shankar Singh Yadav. The person sitting beside the driver seat was named as Vaibhav Jain and other two persons sitting behind named as Vishal Jain and Shri Dhiraj Rai. During the investigation the said 3 gold bars weighing 3 k.g. valuing at Rs.1,58,20,500/- and vehicle bearing registration number MP07-CK-8887 were seized and the accused Vaibhav, Vishal, Shankar and Dhiraj stated that they have no legal documents related to these gold bars and the bars are smuggled foreign origin gold bars and are being transported by them .....

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..... plicant and other co-accused persons were recorded under Section 108 of the Customs Act, 1962. Three k.g. gold bar worth Rs.1,58,20,500/- was recovered from the possession of the present applicant and other co-accused persons. The applicant was indulged in the conspiracy of smuggling of foreign gold. He is a habitual offender. One more offence under Section 294, 323, 506, 325/34 of IPC has been registered against him. The evidence available with the DRI corroborates the statement given by the applicant. Statement recorded under Section 108 of the Customs Act have evidentiary value in the court of law. Matter is related with the economic offence, which also affects the economy of the country. If the applicant is enlarged on bail, he will tam .....

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