TMI Blog2020 (1) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... metal scrap, part of which has been seized by DRI. It appears that the present detenue's son by name Happy Dhakad, who had established a company by name M/s. Ekdant Commercial Pvt. Ltd. in which though the detenue was a Director, he has claimed that he was not actively participating in the operation of the business and was not a shareholder in the said company. It appears that the said Happay Dhakad had also been summoned and had been arrested. Both - Nisar and Happy Dhakad and several other accused have been released by the Advisory Board of COFEPOSA. The interim prayers ought to be granted, subject to further orders that may be passed on final adjudication of the matter - detenue is allowed to be released. - W.P. No. 4449 of 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Arvind Kumar Jain Dhakad, resident of 1101, Solitaire Apartments, D.K. Sandhu Marg, Chembur, Mumbai 400071 have aided and abetted smuggling of foreign origin gold into India. 2. Evidences gathered by this office indicate that being a Director of Ekdant Commercial Pvt. Ltd. You were aware of the activities of the company especially dealing and handling of smuggled gold. During your statement recorded on 27-8-2019 you have adopted a non-cooperative and disruptive attitude giving evasive answers. 3. Now, therefore, I, by virtue of the powers vested in me under the provisions of Section 104 of the Customs Act, 1962, place you under arrest today i.e. on 27-8-2019 at 23.35 hrs. for the offence committed under the Customs Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t been communicated to the detenue nor does it contain his reasons to believe: the occurrence of any specific offence under the Customs Act, 1962. 8. Apart from raising such issues, he has also sought to challenge the order or remand passed by the Learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Mumbai, dated 28-8-2019 in terms of which the detenue was remanded to magisterial custody till 9-9-2019 in terms of the prayer made by the prosecuting agency, on the ground that such remand order was passed in a mechanical manner without considering various citations relied upon by the Petitioner. 9. The Learned Counsel for the Petitioner advanced several contentions to support his prayer for interim relief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more than 200 kgs. of foreign origin gold valued at ₹ 60 Crores have been smuggled by Nisar Aliyar into India in one container cleared on 26-03-2019 concealing them inside imported metal scrap, part of which has been seized by DRI; that the syndicate had smuggled more than 3000 kgs. of gold from July, 2018 to March, 2019 alone which would be valued at more than ₹ 1000 Crores. 11. Arvindkumar Dhakad, Director of M/s. Ekdant Commercial Pvt. Ltd., and father of Happy Dhakad was summoned and his statement recorded on 27-08-2019 so as to ascertain his role in the gold smuggling racket. The statement was recorded in presence of his advocate as per order dated 01-07-2019 of the Hon'ble High Court of Bombay in Cr. W.P. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smuggling of gold through his company Ekdant Commercial Pvt. Ltd. and he needs to be restrained for a fair and hindrance-free investigation. 14. The offence committed by Arvindkumar Dhakad in the act of aiding and abetting of smuggling of gold attracts provisions of Section 135 of the Customs Act, 1962 which is punishable under Section 135(l)(i)(A) and is a non-bailable offence as per Section 104(6)(c) of the Customs Act, 1962. He has been arrested in terms of Section 104 of the Customs Act, 1962 on 27-08-2019. Hence, it is requested that he may be remanded to judicial custody for a period of 14 days so as to facilitate a free and fair probe. 12. On perusal arrest memorandum and the remand application, it clear that prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 700 of 2019 before this Court, claiming several reliefs. So far as relief under clause (a) and (c) are concerned, admittedly, the same were not pressed and relief under clause (b) was allowed, permitting presence of the advocate at a visible, but not audible distance in relation to the interrogation. It appears that pursuant to the said direction of this Court, summons was issued to the detenue to appear on 26-8-2019 requiring him to appear before the I.O. on 27-8-2019 since it appears that thereafter arrest has been made and detenue has been remanded to judicial custody. 14. The Learned APP submits that practice of DRI in such case is to seek judicial remand and thereafter seek liberty from the Court to obtain presence of the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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