9911796707
TMI Blog2023 (9) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... the allegation that he assisted the apprehended co-accused person. Apart from that, there is no specific allegation against the petitioner to tamper the witnesses. Considering that the recovered gold bullions have already been confiscated by the Customs Department and punishment for the said offence is seven years imprisonment and considering the the judgment of the Apex Court in the case of SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION ANR. [ 2022 (8) TMI 152 - SUPREME COURT ] anticipatory bail granted to the petitioner. 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/- (Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bought from the Bangladesh and he does not have any documents in support of the gold. Thereafter, a seizure list was prepared. He also disclosed the involvement of the petitioner in the alleged smuggling of the gold bullions. 4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case and has no criminal antecedent. Petitioner has no criminal antecedent. Admittedly, no incriminating article has been recovered from the conscious physical possession of the petitioner and there is absolutely no material on record to show the complicity of the petitioner in the alleged offence. It is submitted that from a bare perusal of the Report, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itnesses. As such, no offence under section 135(1)(b) of the Customs Act, 1962 is made out against the petitioner. 5. Learned APP for the State as well as learned counsel for the DRI opposed the prayer for bail by submitting that on the basis of the secret information regarding smuggling of the foreign origin gold from Bangladesh into India and its further carriage from Sealdah (West Bengal) to Kanpur (Uttar Pradesh), one person namely Shri Aman Goel (Younger brother of petitioner) was apprehended on 09.12.2022 from the berth No.53 of Coach No. B4 of Train No.12313 (Rajdhani Express) at Gaya Railway Station. On being asked about smuggled gold bullions, Shri Aman Goel admitted the possession of 23 Gold bullions of foreign origin concealed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d his shop K.P. Bullions were revealed by the apprehended person. The said recovery was made in the presence of independent witnesses and whole proceeding has been incorporated in the Panchnama. The statement of the apprehended person was recorded u/s 108 of the Customs Act, 1962 wherein, he stated that he was carrying the smuggled gold bullions for Kailash Jee (owner of K.P. Bullions) and the petitioner assisted Kailash Jee in bringing smuggled gold bullions of foreign origin from Sealdah and selling at Meerut. Learned counsel for the DRI further submits that the provision of section 111(a), 111(b), 111(h) and 111(p) of the Customs Act, 1962. The seized gold bullions are liable to confiscation and the petitioner has been found involved in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
