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TMI Blog2024 (9) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... on and the nature of allegation levelled against the petitioners in the FIR as well as the petitioners period of custody, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 50,000/- each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Economic Offences, Patna, in connection with Economic (DRI) Case No. 22(O) of 2024, arising out of Unit Case No. 31 of 2023-24, subject to fulfilment of conditions imposed. Bail application allwoed. - HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA For the Petitioners : Mr. Siddhartha Prasad, Advocate Mr. Om Prakash Kumar, Advocate For the UoI : Mr. (Dr.) Anshuman Singh, Sr. SC, Custom/DRI ORDER Heard Mr. Siddhartha Prasad, the learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recovered gold bullions and cut pieces were found to be 3987.300 grams worth of Rs. 2,67,94,656/- (Rupees two crores sixty-seven lakh ninetyfour thousand six hundred and fifty-six only). 4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. In fact, the petitioners are drivers and they get paid on daily wage basis for doing duty as a driver and it appears from the FIR and seizure list that during personal search of the petitioners, the DRI officials have seized their mobile phones, Aadhar card, voter ID card and drivi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... produced in Court, then they will have to give statements in the learned trial Court as taught by the officers, otherwise they will face dire consequences and the petitioners out of fear of the custom officers submitted before the learned trial Court that they had read and heard and understood the statements which have been submitted by the custom officers in the learned trial Court under Section 108 of the Custom Act. 6. Learned counsel for the petitioners submits that when the petitioners were in judicial custody, the petitioners requested the jail authority to allow them to give their real statements in the Court through letters, then the jail authority after much delay and persuasion allowed the petitioners, after which the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not know anything about the alleged seized gold, we were only given the job of driving the vehicle, the seized vehicle is also not mine, were are innocent. 7. From perusal of the complaint and panchnama of the case it appears that from the car in question, total gold of value of Rs. 2,67,94,656/- (Rupees two crores sixty-seven lakh ninety-four thousand six hundred and fifty-six only) was recovered, therefore, from the individual possession of the petitioners less than Rs. One crore was recovered. 8. Learned counsel for the petitioners have relied upon the order dated 04.09.2024 passed in Cr. Misc. No. 46350 of 2024 in the case of Ravindra Kumar Jain v. The Union of India, vide which a co-ordinate Bench of this Court has been pleased to gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs Act, 1962 on 08.03.2024 and foreign markings were also found engraved on 17 of the recovered gold bullions and the petitioners also admitted that a person namely, Shri Gopi Ingale was the owner of the said recovered gold bullions and the Hyundai Car in question and the documents recovered from the car in question also confirms that Shri Gopi Ingale was the owner of the car in question. It also appears from the seizure list that altogether twenty-two pieces of gold bullions and eight cut pieces of gold bullions of foreign origin weighing 3987.300 grams of value of Rs. 2,67,94,656/- (Rupees two crores sixtyseven lakh ninety-four thousand six hundred and fifty-six only) has been recovered from the vehicle in question. Apart from that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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