9911796707
TMI Blog1989 (10) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, he remains in custody since this court suspended the impugned order in the meantime. 2. The case in brief is the following:- On the basis of information that an Arab Dhow was arriving at Baypore Coast on 30-8-1989 with gold biscuits, the Directorate of Revenue Intelligence (Customs) sent officials to intercept the dhow. Those officials sailed in a coast guard ship to catch the crew and dhow along with the contraband gold. They sighted the Ara dhow off Baypore coast within Indian Customs Waters on 30-8-1989, but seeing the coast guard ship, the crew and dhow made an attempt to flee away. Though the attempt was foiled, the crew jettisoned 11 bundles of gold biscuits into the open sea before they were caught. On being interrogated, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged that the first respondent was involved in a customs case in Bombay in 1974 and when he was released on bail, he jumped bail and left for Dubai and a "Red Alert Notice" issued by the Directorate of Revenue Intelligence, New Delhi for the arrest of the first respondent is pending from 1979 onwards. The gold biscuits thrown away by the first respondent and his associates are worth more than three crores of rupees, according to the assessment made by the Customs Department. It is also alleged that the accused persons including the first respondent are professional carriers having many contacts all over the country and abroad. In those circumstances, the lower court ought not have released the first respondent on bail, contends the Addl. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Doha. The 'Red Alert Notice' issued by the Directorate of Revenue Intelligence for arresting the first respondent was not given due consideration by the learned magistrate for the simple reason that the defence hotly disputed the claim that the notice relates to the first respondent. According to the learned magistrate, even if the said notice actually pertains to the first respondent "nothing prevents the Customs Authorities from arresting him after his release on bail ....". The said reasoning is ostensibly inept in view of the further allegation that the said notice was issued in respect of a person who jumped bail in 1974 and who has not surrendered to the court even till his arrest in connection with the present case. The other broad a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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