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TMI Blog2022 (11) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... and Superintendent of Customs, Office of Commissioner of Customs, Indore (M.P.) for commission of offence punishable under Section 135(1)(A) and 135(1) (B) of the Customs Act, 1962. 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 "Essaycurfoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 1962, wherein it has been stated that the arrest should be effected only in exceptional situations. The circular is Annexure P/4. The applicant's Firm has paid GST of approx. Rs. 13 Crores and income tax of more than Rs.11 Lakhs. Investigation is over and the show-cause notice has been filed by the non applicant. No recovery has to be done from the applicant or anyone. Applicant has received only the commission of Rs.6,000/- in the entire transaction. No role has been attributed to the applicant for smuggling of the gold. Nothing has been recovered from his possession and no incriminating material was found from his possession. There is direct violation of Section 4 of Cr.P.C. The respondent cannot be permitted to thrust oral stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application was rejected by this Court vide order dated 18.7.2022 passed in MCRC No.30740/2022 on merit after considering all the facts and circumstances of the case, the arguments advanced by counsel for the applicant in this repeated application was considered at the earlier occasion, therefore, there are no material changes in the circumstances in which the applicant is entitled for bail. Although after rejection of the earlier application of the applicant respondent has collected so many evidence including the call detail record. The revised guideline issued by the Joint Commissioner, Customs (New Delhi) does not support the case of the present applicant. Therefore, this court is not inclined to allow this repeated bail application. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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