9911796707
TMI Blog2024 (2) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... ny other offence for the time being - The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted. - HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Appearance: For the Applicant(s) No. 1 : Mr J. M. Panchal, Senior Advocate With Ms Shweta Lodha For Mr Virat G Popat (3710) For the Respondent(s) No. 2 : Mr Siddharth H Dave (5306) For the Respondent(s) No. 1 : Mr JK Shah, App. CAV ORDER 1. Rule. Learned APP waives service of notice of Rule for and on behalf of respondent State. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with DRI File Number: DRI/AZU/SRU/B/INV-11 of 2023 registered with Directorate of Revenue Intelligence, Surat Unit, for the offence punishable under Sections 135(1) (i)(a) and 135(1)(i)(b) of the Customs Act, 1962. 3. Learned Senior Advocate Mr. J. M. Panchal assisted by learned advocate Ms. Shweta Lodha for learned advocate Mr. Virat Popat for the applicant submits that secret information was received on 07.07.2023 by the officials of the Directorate of Revenue Intelligence (DRI) that four persons viz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 white coloured pouches containing gold in paste form and 5 black belts were handed over to them by one of the co-accused Salman bhai (from Sharjah) with a direction to hand it over to the present applicant accused in men s washroom after arrival at Surat Airport on 08.07.2023. It is submitted that on the strength of the aforesaid material, the investigation is carried out and statements of the accused persons came to be recorded under Section 108 of the Customs Act, 1962 and ultimately a criminal complaint under Section 135 of the Customs Act, 1962 came to be registered against total 11 accused persons before the Court of learned Chief Judicial Magistrate, Surat, which was eventually culminated into Criminal Complaint No. 83013 of 2023. 5. Learned Senior Advocate Mr. Panchal submits that as per the case of the prosecution, accused No. 1, who belongs to Sharjah, has made an attempt to smuggle the gold by illegal way with the help of other co-accused persons and they have hatched a criminal conspiracy and in furtherance of the said conspiracy, they have to act in a particular manner as per the role assigned to them. The accused Nos. 1, 2 and 3 have yet not been arrested and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt has considered the bail application of the said appellant accused person even after the following four grounds were raised by the prosecuting agency: (i) 22 biscuits of gold were found on the person of the present appellant; (ii) the appellant and his brother had made multiple trips to Myanmar importing gold biscuits; (iii)they were using multiple mobile phones; and (iv) the principal offender has been absconding. Learned Senior Advocate Mr. Panchal submits that herein the instant case, nothing is recovered from the conscious possession of the applicant accused. Learned Senior Advocate Mr. Panchal further submits that during the course of investigation, investigating officer has recovered the mobile phone of the present applicant accused. It is alleged that present applicant accused has already deleted all the WhatsApp call recording and other data from the phone and the mobile phone is already forwarded to the National Forensic Science Laboratory for retrieving the data but yet report of NFSL has not been produced on record. Learned Senior Advocate further submits that certain data have been recovered and those set of documents are already produced on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed is clearly spelt out. It is further submitted that as soon as the applicant accused has come to know about the arrest of the co-accused persons immediately he has deleted WhatsApp recording and other important data from his mobile phone and he has also crushed his sim-card and thrown it somewhere on the road. Therefore, the conduct of the applicant accused is also required to be seen. It is also submitted that during course of investigation it has also come on record that in past the applicant accused has also helped the co-accused persons and smuggled the gold in the country and therefore on the strength of the said revealing fact, a complaint for disproportionate assets under the provisions of the Anti Corruption Act has been registered against him and a raid was also conducted and investigation qua the said complaint is still going on. It is also submitted that the main accused persons who are situated outside the country are still not arrested and if the applicant is enlarged on bail, there are all chances that he will help the other co-accused persons and the investigation qua the absconder accused persons would not reach to its logical conclusion. Therefore, at least, til ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
