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TMI Blog2024 (12) TMI 1324X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022 and enlarged the respondents on bail - HELD THAT:- This fact is not denied that complaint has yet not been filed against the respondents for prosecuting them under Section 135 (2) (a) (b) of the Customs Act. It is not desirable to express anything on the merits of the case. The respondents have not breached any conditions incorporated in the bail order, the maximum punishment awarded under the Customs Act 7 years. Therefore, considering the above aspects, this Court is not inclined to entertain the application filed by the Union of India. These instant bail cancellation applications are hereby dismissed. - HON'BLE MR. JUSTICE PRAVEER BHATNAGAR For the Petitioner(s) : Mr. Kinshuk Jain, Senior Standing Advocate for DRI assisted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Anil Narayan Magar did not furnish any legible documents showing his legal possession over the gold recovered. The said gold recovered from respondent-Anil Narayan Magar comes within the purview of outright smuggling and falls under the goods notified under Section 123 of the Customs Act. 4. Clause-c of the said circular is applicable only for the importation of trade goods involving wilful mis-declaration in description of goods covered under Section 123 of the Customs Act, where the market value of the offending goods is Rs.2,00,00,000/- or more. 5. The respondents were rightly arrested by the Customs Authority as per the Clause contained under 2.3 (b) of the circular No.13/2022 dated 16.08.2022. It is also contended that the Court below ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 108 of the Customs Act states that the gold was going to be handed over to respondent-Shridhar Devdas Suryavanshi at M/s Yashvardhan Gold Testing Shop. It is also contended that summons was issued to Shridhar Devdas Suryavanshi and in his voluntary statement under Section 108 of the Customs Act, he admitted that he has been purchasing the gold from Suraj Jalinder Suryavanshi without any bill. 7. Therefore, on the above facts, the Court below erred in granting bail to the respondents and the bail application of the respondents may be cancelled and they may be directed to surrender before the concerned Court to face the trial. 8. It is contended by learned counsel for the respondents that the Court below has rightly enlarged the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose shall be served to send the respondents to Jail. Therefore, the application for cancelling the bail of the respondents may be dismissed. 9. Heard and perused the material available on the record. 10. This fact is not denied that complaint has yet not been filed against the respondents for prosecuting them under Section 135 (2) (a) (b) of the Customs Act. 11. It is not desirable to express anything on the merits of the case. The respondents have not breached any conditions incorporated in the bail order, the maximum punishment awarded under the Customs Act 7 years. Therefore, considering the above aspects, this Court is not inclined to entertain the application filed by the Union of India. 12. Accordingly, these instant bail cancellati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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