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TMI Blog2024 (10) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... f learned Special Judge, Economic Offence, Patna in connection with Economic DRI, Patna Case No. 20(O) of 2024, arising out of Unit Case No. 29 of 2023-24, with further condition imposed - bail application allowed. - HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH For the Petitioner : Mr. Bindhyachal Singh, Sr. Advocate, Mr. Vipin Kumar Singh, Advocate, Mrs. Smriti Singh, Advocate and Mr. Kumar Awnish Ankit, Advocate For the Opposite Party : Mr. Sanchay Srivastava, Sr. Standing Counsel, D.R.I., Mr. Ankit Kumar Singh, Junior Standing Counsel, D.R.I., Mr. Ashish Kumar Palit, Advocate and Mr. Sushant Srivastava, Advocate ORDER Heard learned senior counsel for the petitioner and learned counsel for the D.R.I. 2. The petitioner seeks bail in conn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said recovery, the apprehended persons could not produce any document in respect of stock/purchase/importation of the recovered gold of foreign origin. From an open source, it were found that the foreign markings engraved on the gold bullions found to be brand of UAE. It is further alleged that the said recovered gold bullions were examined by a Government Registered Valuer, who certified the purity of Gold and issued a certificate containing the details of description, purity, weight and value of the recovered gold bullions. The total weight of recovered gold bullion was 2563.00 grams valued at Rs. 1,63,90,385/- (One Crore Sixty Three Lakhs Ninety Thousand Three Hundred and Eighty Five Only). It is further alleged that the statement of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5:00 P.M. by the Intelligence Officer, DRI Regional Unit, Patna, who is not an officer of the Custom as per Section 3 of the Customs Act. Therefore, the seizure list was prepared by the said Intelligence Officer, DRI Unit, Patna, who is not a competent Custom Officer to make search and seizure according to section 102 of the Customs Act, hence, there is no evidentiary value of seizure list. It is next submitted that there is no allegation against the petitioner for taking gold out of India. It is further submitted that the other co-accused persons, namely, Deepak Kumar and Upendra Manjhi, have already been granted bail by a Bench of this Court vide Cr. Misc. No. 56899 of 2024 under order dated 27.08.2024. It is further submitted that the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g and carriage of the said recovered gold bullions of foreign origin from Bangladesh to Malda (W.B.) and they could not produce any legal document in this regard. It is further submitted that the statement of the petitioner and the co-accused persons were recorded under Section 108 of the Customs Act in the context of seizure of 2563.00 grams of foreign origin gold bullions. 6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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