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2024 (1) TMI 1321

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..... rned counsel for the parties and considering the fact that both the petitioners were caught red handed by the team of DRI and they were indulged in smuggling of foreign origin gold, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected. The trial court is directed to expedite and conclude the trial - bail application dismissed. - HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR For the Petitioners : Mrs. Nivedita Nirvikar, Sr. Adv. Mr. Amit Pandey, Adv For the DRI : Mr. Anshuman Singh, Sr. SG (DRI) Mr. Ranjan Kumar, Adv ORDER Heard Sr. learned counsel for the petitioners and learned Sr. counsel appearing on behalf of he D.R.I. . 2. The petitioners have prayed for bail in a case register .....

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..... of DRI, though mentions about contravention of Section 11 of the Customs Act, 1962 which is about notifying prohibited goods by the Central Government, but no notification specifying gold being imported from Bangladesh, which is the allegation in this case, have been quoted to show that the said goods are Prohibited . Unit Case No. 05 of 2023-24 was registered at the office of DRI, Regional Unit, Patna on 09.6.2023 based upon a concocted story and coercive confessions were taken from the accused persons and there is nothing substantive in the said Unit Case. Whole story made by the DRI is fictitious and entirely based on presumption and pre-determined notions, which is evident from Arrest Order and Grounds of Arrest. 5. The seizure list pre .....

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..... hing in judicial custody since 10.06.2023. 8. The application for bail is opposed by learned Sr. counsel appearing for DRI and submitted that both the petitioners were caught red handed on 9.6.2023 while transporting the foreign origin smuggled gold bullions weighing 12577.100 grams valued at Rs. 7,72,61,125/-. The petitioners have also admitted in their statements recorded u/s 108 of the Customs Act that they had carried the said seized foreign origin smuggled gold bullions from Howrah to New Delhi and on the way at Patna Railway Junction, they were caught by the officers of DRI, Patna and seized the said foreign origin gold bullions weighing 12577.100 grams, which was recovered from their possession. They also accepted that the recovered .....

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