9911796707
TMI Blog2023 (4) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... e an opinion that they are foreign-origin gold bars. However, it is a matter of evidence. No further custodial interrogation is required as a complaint has been filed. This application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the Court concerned during the trial and shall also abide by the conditions imposed. - Hon'ble Shri Justice Vivek Rusia For the Applicant : Shri Alok Barthwal - Advocate For the Respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... They were found in possession of the goods in Indore. The burden is on the prosecution to prove that it is a foreign-origin gold bar then only the applicant can be convicted under the Customs Act, 1962. It is further submitted that there is no minimum sentence provided in the statute unless the reasons are recorded by the trial Court. An offence punishable under Section 35 of the Customs Act is triable by way of summary trial. The offence is also compoundable under Section 137(3) of the Customs Act as the applicant is first-time offender. Co-accused have been granted bail by this Court vide order dated 18.01.2023 passed in M.Cr.C.No.672/2023. Shri Airen, learned counsel for the respondent opposes the bail application by submitting th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Offence which is triable by the Magistrate and the maximum sentence is up to 7 years. The offence is compoundable also. He is in jail since 03.09.2022. The trial has not begun so far. Only on the basis of marks in the gold bars, the expert gave an opinion that they are foreign-origin gold bars. However, it is a matter of evidence. No further custodial interrogation is required as a complaint has been filed. In view of the aforesaid facts and circumstances, without further commenting on the merits of the case, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs Only) with one solvent surety in the like amount to the sat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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