9911796707
TMI Blog2024 (9) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... d in any way adversely affect the trial, no criminal antecedent to the credit of the applicant, the applicant is in jail since 25.6.2024, without further commenting upon the merits of the case, it is opined that the applicant has made out a case for bail. The bail application of the accused-applicant is allowed. - Hon'ble Nalin Kumar Srivastava, J. For the Applicant :- Abhinav Gaur,Umair Mahmood For the Opposite Party :- Dhananjay Awasthi,Krishna Agarawal ORDER 1. This bail application has been filed by the applicant - Mohinder Singh involved in Case No. 31 of 2024 under Sections 135(1)(a), 135(1)(b), 135(1)(i)(a) of Customs Duty Act, 1962, Police Station D.R.I. NOIDA, District Gautam Budh Nagar. 2. Heard Shri Anoop Trivedi, learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o concern with the alleged offence. Applicant is engaged in the business of 'confectionery'. The alleged recovery of illicit Foreign Origin Gold is nothing but a false and concocted story of the prosecution and there is no independent witness of the same. It is also submitted that as a matter of fact no smuggled gold was recovered from his possession, as alleged by the prosecution. It is also submitted that the investigation conducted by the D.R.I. Officers is completely faulty. As per the Panchnama the search of the applicant has not been made before a Gazetted Officer nor there is signature of any such Gazetted Officer present on the spot and, therefore, the entire proceedings are false and fabricated. Applicant has no criminal hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardboard box, which appeared to be meant for keeping sweets, was found which was sealed with brown tape and on being opened it was found that the box contained some papers and one small packet which contained yellow coloured metal jewellery. The papers found in the box were tunch slips. On opening the small envelope attached with each tunch report it was found that a small yellow metal snippet was kept in the envelope with each tunch report. On personal search, the applicant was found wearing a cotton belt tied around his waist which contained 5 rectangular packed in brown tape. On opening it several yellow metal pieces were recovered from the packets. It is also submitted that the total valuation of the said gold retrieved from the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 16.8.2022 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes Customs, New Delhi. On these grounds, prayer for rejection of application for grant of bail has been made. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 8. 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 rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
