9911796707
TMI Blog2024 (8) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... versely affect the trial, no criminal antecedent to the credit of the applicant, his willingness and readiness to deposit the adequate customs duty over the said gold, the applicant is in jail since 7.1.2024, without commenting upon the merits of the case, it is opined that the applicant has made out a case for bail. Let the applicant - Arvind Chandrakant Kadam involved in case crime no. NIL of 2024 under Section 135 Customs Duty Act, 1962, Police Station D.R.I., District Varanasi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to fulfilment of conditions imposed - the bail application of the accused-applicant is allowed. - Hon'ble Nali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He has no concern with the alleged offence. It is further submitted that the applicant has a jewellery shop in the name of 'Shilpa Jewellery' having GST No. 33ADLFS1839F1Z1 in the partnership of his wife. He has allegedly admitted his guilt during interrogation and has also disclosed that the recovered gold was received by him on 5.1.2024 at about 10.00 a.m. from an unknown person at Kamakhya, as claimed by the prosecution. The prosecution further claims that he has further confessed that the said gold is foreign and smuggled gold and he was going to deliver it to one Mustafa, resident of Koyambatur. It is further submitted that the alleged confession made by the accused applicant before the D.R.I. Officers is nothing but a false ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o prosecution can be operated against the applicant and by virtue of Section 114 of the Customs Act, the offence is compoundable. The applicant is ready and willing to pay the customs duty due to him and averments to this effect have also been made in the rejoinder affidavit filed on behalf of the applicant. It is notable that the Additional Commissioner of the department has itself issued a compounding notice to him and the purpose of the Customs Act is to recover the amount and not to punish the accused. It is also submitted that the impugned order passed by the Additional Sessions Judge, Varanasi, whereby the application for bail moved by the applicant was rejected, is an illegal order and it cannot be sustained in law and the said submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant being of huge quantity falls within the 'prohibited category' and the market price of the said gold exceeds more than Rupees One and half Crore. It is further submitted that no plausible explanation has been offered by the applicant in respect of his possession over the illegal gold. It is also submitted that on the basis of cogent information, the accused applicant was intercepted and he was found involved in smuggling of illegal gold of huge quantity. It is also submitted that the prosecution has been launched against the applicant after complying with all the statutory provisions and there is no possibility of false implication of the accused applicant at this stage and he had been acting as a carrier of the smuggled gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seized has not been given any option to pay in lieu of confiscation such fine as the said Officer thinks fit so far in this matter. On these grounds, prayer for rejection of bail has been made. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 7. Having regard to the entire facts and circumstances and keeping in view the fact that in the matter trial has not started even yet and the complicity of the accused applicant is yet to be determined in trial, the gold seized is in the possession of the Department, the offence appears to be compoundable by virtue of Section 137(3) of the Customs Act and there is nothing on record to demonstrate that the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
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