9911796707
TMI Blog2023 (11) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... nd circumstances of the case, though, it is too early at this stage to come to any definite conclusion. Since the Customs Act is not in the picture as far as this case is concerned, all the authorities relied upon by the learned counsel for the petitioner has no relevance for consideration by this Court - Be that as it may, on a general appraisal of the facts and circumstances of this case, and looking into the nature and gravity of the alleged offence, this Court is of the considered opinion that the accused person can be enlarged on bail provided he fulfills certain conditions to be imposed by this Court. This Court is inclined to allow this petition and to direct release of the accused person Shri. Sadeep Kumar Sunar on bail on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d eventually, Shri. Sadeep Kumar Sunar and Smti. Radhika Vetwal were arrested and forwarded to custody. 4. It may be mentioned that the arrest of the said two accused persons was pursuant to an FIR dated 05.10.2023 lodged by Sub-Inspector Amit Sinha of Byrnihat Outpost, Ri-Bhoi District. 5. The learned counsel has further submitted that on seizure of any suspected smuggling goods, the correct and proper procedure is for the matter to be proceeded by the Customs Officials and a case to be registered under the Customs Act. However, this was not done so in this case and the case was registered under various provisions of the Indian Penal Code, perusal of which according to the learned counsel, would show that the offences attributed to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ashish Raj v. Union of India Through the Principal Commissioner Customs in Criminal Miscellaneous No. 56714 of 2022 before the High Court at Patna, the last paragraph of the same was referred to by the learned counsel for the petitioner in support of his case. 9. Mrs. T. Yangi. B, learned AAG appearing on behalf of the State respondent has submitted that on being directed, the case diary of the said Nongpoh P.S. Case No. 116 (10) 2023 has been produced before this Court today. It is the submission of the learned AAG that investigation would show that the accused person Shri. Sadeep Kumar Sunar is involved in the case of illegal procurement of the gold biscuits which were seized from his possession to which he has admitted that he had bou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough, it is too early at this stage to come to any definite conclusion. If it is an allegation of the accused person being involved in a case of smuggling, particularly of the seized gold bars, as submitted by the learned counsel for the petitioner, the matter ought to be taken cognizance of by the Customs Officials and a case to be registered under the Customs Act, which was not done so here. 13. Since the Customs Act is not in the picture as far as this case is concerned, all the authorities relied upon by the learned counsel for the petitioner has no relevance for consideration by this Court. 14. Be that as it may, on a general appraisal of the facts and circumstances of this case, and looking into the nature and gravity of the all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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