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2022 (8) TMI 77 - ALLAHABAD HIGH COURTSeeking grant of Bail - Smuggling - foreign markings Gold Bars - burden to prove - presence of corroborative evidences or not - section 123 of Customs Act,1962 - HELD THAT:- At present the prosecution is relying upon the statement of applicant recorded under section 108 of Customs Act which as per the judgement in the case of UNION OF INDIA VERSUS KISAN RATAN SINGH, KALU SINGH RAJPUT AND STATE OF MAHARASHTRA [2020 (1) TMI 510 - BOMBAY HIGH COURT], GOPI CHAND SONI AND ORS. VERSUS CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL AND ORS. [2011 (8) TMI 1366 - ALLAHABAD HIGH COURT] and SEVANTILAL KARSONDAS MODI VERSUS STATE OF MAHARASHTRA [1979 (1) TMI 113 - SUPREME COURT] cannot be a sole basis of conviction in absence of corroborative evidence. At the stage of consideration of bail application of the accused this court finds that complaint against the applicant has already been filed, show cause notice for confiscation of gold and imposing penalty has already been issued against the applicant. In order to attract section 123 of Customs Act,1962, it is essential that goods must be smuggled.It means goods of foreign origin and imported from abroad. There must be something proving their importation from abroad. Only an account of being unaccounted they cannot be inferred to be smuggled, they may be stolen too. Applicant claims that he has no passport and will not leave the country his whole family and business is at Kannuaj and Kanpur. There is no possibility of tampering with witnesses. Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of DATARAM SINGH VERSUS STATE OF UTTAR PRADESH AND ANR. [2018 (2) TMI 410 - SUPREME COURT] and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to conditions imposed - Bail application allowed.
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