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TMI Blog2023 (9) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 135 (1)(b) of the Customs Act, 1962. 3. The prosecution case, in short is that on the basis of secret information about smuggling of gold by a person in Rajdhani Express, the Officers of DRI, Patna Regional Unit with the assistance of Railway Protection Force, Gaya conducted a raid at Berth No.53 of Coach No. B-4 of Rajdhani Express on 09.12.2022 at platform No.01 of Gaya Railway Station. It is alleged that on search 23 gold bullions of foreign origin was recovered from the co-accused Aman Goel (brother of the petitioner), which was concealed in both shoes and in the waist bag tied around his waist. It is further alleged that on enquiry, the co-accused stated that these gold bullions have been bought from the Bangladesh and he d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her of the apprehended co-accused Aman Goel and is working in the shop of the co-accused Kailash Chandra Maheshwari, who is the owner of the K.P. Bullions, Kagzi Bazar, Meerut. It is submitted that there is nothing on record to show that the petitioner was in any manner involved with the storage or transportation of the alleged gold bullion, which was recovered from the possession of the co-accused. It is categorically stated that the petitioner has no concern with the seized gold bullion. So far the confessional statement of the coaccused is concerned, the same has not been obtained following the legal procedure. It is further submitted that there is no allegation against the petitioner to tamper the witnesses. As such, no offence under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, which fact is also clear from the CDR of the petitioner and apprehended co-accused person. Learned counsel for the DRI submits that the statement made under para-8 that the official of DRI inspected the shop of the co-accused Kailash Chand Maheshwari is not related to this case. The said search was conducted at the address of K.P. Bullions on 09.12.2022 on request of DRI, Kolkata Zonal Unit and the said search concluded at 9:20 PM on 09.12.2022. Further, in the present case, the accused namely Aman Goel was apprehended by the Officers of DRI, Patna in night around 22:50 hrs of 09.12.2022 at Gaya Junction Railway Station and his statement was recorded on 10.12.2022, wherein name of Kailash Jee and his shop K.P. Bullions were revealed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishment for the said offence is seven years imprisonment and considering the the judgment of the Apex Court in the case of Satendra Kumar Antil v/s. Central Bureau of Investigation & Anr. as reported in (2022) 10 SCC 51, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, let the petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with DRI, Patna Unit Case No.23 of 2022-2023, arising out of Complaint Case No.376(O) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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