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TMI Blog2022 (11) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... av Jain, co-accused Vishal Jain, Dheeraj and Shankar Singh Yadav. From the investigation it is prima facie gathered that the present applicant along with other co-accused Vishal Jain, Dheeraj and Shankar Singh Yadav went to the Ulhas Nagar to get 3 k.g. smuggled gold bars and they were carrying it in a specifically built secret coating in the vehicle bearing registration No. MP07-CK-8887 while DRI officers intercepted the vehicle on 12.4.2022. The applicant is found to be one of the master mind behind the whole gold smuggling activities. Call data records also reveal that present applicant Vaibhav Jain and co-accused Vishal Jain talked 40 times during the period 1.1.2022 to 15.4.2022. Considering the value of gold already seized, the manner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Act. As per the prosecution story, investigating authority got discreet information from the intelligence. Acting upon the said information investigating authority intercepted the vehicle bearing Registration No. MP07-CK-8887 near the Sonway Toll Plaza, Indore on 24.4.2022. During the search of the vehicle, officers of DRI found 3 yellow metal bars wrapped in papers from the specially built cavity under the seat adjacent to the Driver seat. On unwrapping the papers, it was found that on 2 gold bars "Valcambi Suisse" 1 kg gold 995.0 and on one 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 co-accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orementioned offence. The applicant is engaged in the business of purchase of gold and making of jewellery. The matter relates to civil in nature and there is no criminality. Offence is punishable below the 7 years imprisonment. Applicant has purchased the gold within the territory of India. He is suffering from spinal back problem since 2019 and feeling difficulty in daily routine work and needs immediate medical treatment. Hence he prays that applicant be enlarged on bail. Per contra, learned counsel for the respondent opposes the bail application and prays for its rejection by submitting that the offence is well demonstrated from the text of the complaint and the evidence so being gathered. The offence is committed within the exclusive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of the present applicant Vaibhav Jain, co-accused Vishal Jain, Dheeraj and Shankar Singh Yadav. The Hon'ble Apex Court in the case of Union of India Vs. Padam Narain Aggarwal, 2008(231) ELT 397(SC) has held that the statement recorded under Section 108 of the Customs Act, 1962 is distinct and different from the statement recorded by police officer during the investigation under the Code of Criminal Procedure, 1973. During the investigation investigating agency also collected the record of the call details, mobile phone belonging to the present applicant was seized and it was gathered that Mukesh Jain had sent a voice message to co-accused Mukesh Valecha, transcript of which is as under:- From the investigation it is prima facie ga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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