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TMI Blog2024 (11) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... tock of co-accused Naman Jain which he was carrying to melt and make jewellery. It is also submitted that the recovered gold from the applicant has not been found to have any kind of mark attached to the smuggled gold nor has it been proved by the Investigator that the said gold was brought into India by smuggling HELD THAT:- 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 record to demonstrate that the applicant, if en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted a Car bearing registration No. UP15CR-2343 at the entrance of Kashi Toll Plaza on Delhi-Meerut Expressway on 15.6.2024 in the night which was occupied by two persons. The person, who was driving the vehicle introduced himself as Naman Jain whereas the another person sitting in the Car introduced himself as Anil Kumar Yadav, the present accused / applicant. They were brought to the D.R.I. Office at NOIDA Regional Unit, G-10, Sector 63 NOIDA and on their search and that of the vehicle two backpacks were found on back seat of the car and a large cavity with two separate bonnets was also found, which was empty. On search of Naman Jain, one package wrapped with brown colour tape was found from left side pocket of his pant. On unwrapping, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p over the entire case property and applicant is only an employee of Naman Jain. It is further submitted that the value of the gold recovered from the possession of the applicant is Rs. 73,78,617/- only and the offence is non-cognizable in respect of such amount. The alleged recovery of gold is nothing but a false and concocted story of the prosecution. 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. 5. It is further urged by the learned counsel appearing for the applicant that the jama talashi of the applicant, as claimed by the prosecution, is a concocted piece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of an offence under the Customs Act should be affected only in exceptional situations. It is also submitted that the applicant has been languishing in jail since 17.6.2024. It is lastly submitted that in the fact and circumstances of the case and in view of the specific rules and law the accused applicant is entitled for bail and in case he is released on bail, he will not misuse the liberty and is ready to cooperate in the trial. In support of his submissions, learned counsel for the applicant has placed reliance upon the following orders passed by the coordinate Benches of this court wherein in almost similar circumstances relating to the recovery of smuggled gold and silver bail was granted to the accused. (i) Criminal Misc. Bail A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, the accused applicant was intercepted and he was found involved in smuggling of illegal gold of huge quantity by a car which belongs to the co-accused. 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 the purpose and object of the Customs Act is not only to assess the evasion of Customs Duty and to recover it but it is punishable as well. On these grounds, prayer for rejection of bail has been made. 7. I have considered the rival submissions made by the learned counsel for the parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (iv). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (v). The applicant shall not indulge in any criminal and anti-social activity. (vi). The applicant shall surrender his passport, if any, to the concerned Trial Court forthwith and shall not leave the country without previous permission of the Court. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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