9911796707
TMI Blog2024 (11) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... y way adversely 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 23.5.2024, without commenting upon the merits of the case, the applicant has made out a case for bail. Accordingly, the bail application of the accused-applicant is allowed. Let the applicant involved in case crime u/s 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 following conditions. Further, before issuing the release order, the sureties be verified. (i) The appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the present accused applicant in respect of smuggled golden bars, who was travelling in Train No.13009 (Doon Express, Coach No. B-2, Berth No. 56) at Deen Dayal Upadhyay Junction Railway Station on 22.5.2024 at 8.20 a.m. and he was brought to the D.R.I. Office at Sigra, Varanasi and on search 7 golden bars valuing Rs.1,47,44,174/- from present accused applicant was recovered and the value thereof was affirmed by the authorized valuer. Recovery memo, inventory and seizure order were duly prepared and a complaint was filed before the Competent Court at Varanasi which was registered as Case No. 6 of 2024. 4. It has been submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich requires only customs duty to be paid. It is further submitted that since the value of the gold allegedly recovered from the possession of the applicant is less than Rupees Two Crores, no prosecution can be operated against the applicant and by virtue of Section 114 of the Customs Act, the offence is compoundable. 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. It is further submitted that as per the Circular No. 13/22-Customs, F.No. CBIC-21/209/2022-INV-Customs-CBEC, dated 16.8.2022 issued by the Government of India, Ministry of Finance, Department of Revenue, Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tity. 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 gold. It is also submitted that if the value of the smuggled gold was less than Rupees One Crore, the offence would be bailable and non-cognizable but this is not so in the present case and moreover in this case the value of the gold is not material but the issue to be taken into account is that the said gold falls in the prohibited category. By virtue of Section 135(i)(A) of the Customs Act, the offence in this matter is punishable with the imprisonment for a period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any way adversely 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 23.5.2024, without commenting upon the merits of the case, I am of the opinion that the applicant has made out a case for bail. 8. Accordingly, the bail application of the accused-applicant is allowed. 9. Let the applicant - Pramod Mahadev Misal involved in case crime no. NIL of 2024, Case No. 6 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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