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TMI Blog2023 (6) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... ed expeditiously, preferably within six months in accordance with Section 309 Cr.P.C. - CRIMINAL MISC. BAIL APPLICATION No. - 15059 of 2023 - - - Dated:- 31-5-2023 - HON'BLE VIVEK KUMAR SINGH, J. For the Applicant :- Mehul Khare,Pragya Pandey For the Opposite Party :- Dhananjay Awasthi 1. Heard Smt Pragya Pandey, learned counsel for the applicant and Sri Dhananjay Awasthi, learned counsel for the Union of India. 2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. Nil of 2023, under Sections 135 Customs Act, Police Station DRI, District Varanasi. 3. The facts in brief are that the applicant was intercepted by the officer of DRI, Sub-Regional Uni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 108 of the Customs Act cannot be read against the maker of the statement, in support of his submission he has placed reliance on the dictum of The Apex Court in the matter on Gopi Chand Soni Vs. CESTAT, 2011 SCC Online All, 2358. 6. Further, once the applicant has claimed that the gold so recovered as his ancestral gold, no offence can be alleged against the applicant and he may be called upon to pay the appropriate duty or penalty as may be determined. In this regard Section 137(3) of the Act is relevant, which provides as follows :- Section 137(3) in the Customs Act, 1962 :- (3) Any offence under this Chapter may, either before or after the institution of prosecution, be compounded by the Chief Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry well be considered for compounding. The applicant is in jail since 10.1.2023. 9. On the other hand, learned counsel for the Union of India has vehemently opposed the prayer for bail and submits that on the personal search of the applicant two rectangular bars of yellow metal covered with newspaper and one small peace kept in a plastic pouch were recovered from the waist belt of the applicant having cumulative weight of 1999.640 grams and valued @ Rs. 5560 per gram totaling Rs. 1,11,17,998/- with purity of 99.5%. The applicant admitted that there were no documents related to gold which is of foreign and has been smuggled from Bangladesh to Kolkata where all the identity marks and purity was reduced. The gold was received by the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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