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TMI Blog2023 (4) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... o or from the territory of India. The case of the D.R.I. as is reflected from the submissions made by Shri Digvijay Nath Dubey is that the applicant before this Court and co-accused Sumit Verma have failed to produce any document or conclusive proof which may show that the ownership of the gold belongs to them and in absence of any conclusive proof pertaining to the ownership, the gold in all probability should be presumed is to be smuggled in the territory of India and as it has also been confessed by Sumit Verma. Having regard to all the facts and circumstances of the case including the guidelines which has been issued by the Government of India, Ministry of Defence, Department of Revenue dated 16.8.2022 pertaining to the arrest of var ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anticipatory bail as he is apprehending arrest in the above-mentioned case. Learned counsel for the applicant while referring to the page 47 of the paper book submits that the applicant Anil Soni is a partner of R.A. Mosun Jewellers having its Head Office at Hasanpukur 1st Lane, Ground Floor, Kolkata, West Bengal, 700007 and its Branch office at Jaipur, Rajasthan and the gold which is shown to have been recovered from the possession of one Sumit Verma is actually owned by the firm of the applicant and he (Sumit Verma) was taking the gold from Kolkata to Jaipur under the directions of the applicant, with proper documentations. It is also submitted, while referring to the tax invoices placed as Annexure No.1, as well as Debit Notes of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Verma from Jaipur to Kolkata. The true copy of GST invoices of jewellery sent from Jaipur to Kolkata is being annexed as Annexure No.6 to the affidavit. It is further submitted that under proper documentation of title, the precious goods reached at the principal place of business by the firm, and it was melted into fine gold and carving of jewellery under the specified design as mandated in the State of Rajasthan. The said stock transfer was repatriated/ sales/ return/ stock transfer return to the Additional place of business at Jaipur under proper taxable invoice dated 26.01.2023 and the said document of title was duly possessed by the employee of the applicant, which has inadvertently masked by the DRI and the said gold was illegally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Digvijay Nath Dubey, learned counsel representing DRI opposes the prayer of the applicant on the ground that coaccused Sumit Verma was apprehended on 27.1.2023 by the team of D.R.I. on the basis of an intelligence input stating that some gold is being smuggled in the territory of India and after arrest and search of the aforesaid Sumit Verma, gold weighing about 3000 grams were recovered from his possession having market value of Rs. 1,75,55,000/- and on being interrogated the name of the instant applicant has surfaced in his confessional statement wherein he has stated that recovered gold from him (Sumit Verma) was transported into the territory of India through Bangladesh and was delivered to the instant applicant at Kolkata and was t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r contra learned counsel for the applicant has relied on various documents placed on record pertaining to the ownership of the gold and it is submitted that the firm in the name of R.A. Mosun Jewellers is jointly owned by the instant applicant and other partners and applicant is one of its partner and the gold was being transported under the instructions of the applicant through its employee, namely, Sumit Verma from Kolkata to Jaipur where the branch of R.A. Mosun Jewellers is also existing and thus it was a case of internal transfer of the gold of R.A. Mosun Jewellers from their head office to branch office at Jaipur. Be that as it may the circular issued by the Ministry of Finance, Department of Revenue of date 16.8.2022 which has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Station House Officer / Investigating Officer/ trial court concerned subject to the fulfillment of following conditions:- (1) The applicant within a week from today shall appear before Mr. Anil Kumar Pathak, Senior Intelligence Oficer, DRI, investigating Officer, at the office of DRI situated at 2/31 Vishal Khand, Gomti Nagar, Lucknow on any working day. (2) The Investigating Officer/ Intelligence Officer who is investigating the case would be free to interrogate the applicant and the applicant shall cooperate in the investigation and shall also remain present before the Investigating Officer/ Intelligen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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