9911796707
TMI Blog2023 (11) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the applicant seeking anticipatory bail in RC No.220/2022/E0011-CBI/EO-11/ND, under Sections 120-B, r/w 419, 420 I.P.C. & 7 (C), 13 (1) (A) r/w 13 (2) of Prevention of Corruption Act, registered at Police Station CBI/EO-II/New Delhi. 3. This court has rejected the first Anticipatory Bail Application No.1971 of 2023 in absence of learned counsel for the applicant after taking into consideration preliminary objection raised by learned counsel for the C.B.I. that proclamation under Section 82 Cr.P.C. had been issued against the applicant on 01.08.2023 and therefore the anticipatory bail application cannot be entertained in view of the law laid down by Hon'ble the Supreme Court in the case of Lavesh Vs. State of (N.C.T. of Delhi): ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 named persons, including the applicant, and some unknown public servants and private persons, stating that a written complaint dated 01.07.2022 had been received from the Assistant Commissioner, Directorate General of Vigilance, Indirect Taxes and Customs of Lucknow Zonal Unit regarding smuggling of contraband goods of foreign origin like gold (5501.99 grams), reputed foreign brand cigarettes (434400 sticks) and saffron (30 kgs.). 7. The allegation against the applicant is that he was carrying 400 gms. foreign origin gold worth Rs.15,48,000/- and the same was seized under Section 110 of the Customs Act, 1962. 8. On the same set of allegations, the Directorate of Revenue Intelligence has filed a complaint against the applicant. Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery was made on 19.12.2019 but the F.I.R has been lodged on 10.08.2022 and there is no explanation for the delay in lodging the F.I.R.; that the substantive offence allegedly committed by the applicant is non-cognizable, bailable and carries a maximum punishment of imprisonment up to 3 years; that although the C.B.I. has alleged commission of offences under the Prevention of Corruption Act, 1988, the applicant is not a public servant; that the applicant has no other criminal history and that a co-accused person Ajeet Kumar and Khalid Anwar have already been granted bail and without making any observations which may affect the outcome of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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