Home Case Index All Cases Customs Customs + HC Customs - 2015 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 1362 - HC - CustomsSeeking grant of bail - Illegal smuggling of gold bars - HELD THAT:- In the present case two persons arrested by the Officers of D.R.I. and from their possession gold was recovered weighing 4,076 gms. worth of ` one crore, nine lacs, ninety eight thousand and eighteen recovered for which the arrested persons could not produce any valid documents for its importation from foreign country. Thereafter, the statement of the co-accused persons under Section 108 of the Custom Act were recorded wherein they have stated about the complicity of the applicant and one Prahlad Setia and consequent thereto the applicant was intercepted and arrested by the D.R.I. officials and the applicant's statement was also recorded under Section 108 of the Custom Act who has admitted that he is managing the affairs of the smuggling at the behest of Prahlad Setia and he is a paid employee is the sufficient proof of the involvement of the applicant alongwith other persons for smuggling goods. Merely because the goods have not been recovered from the possession of the applicant will not mollify the gravity of offence. The applicant without coming into physical contact with the smuggled gold may yet be liable for having been concerned in its importation. It has been said that a man may be miles and miles away from the gold and yet if proof is available that he had an interest in or was concerned in its illegal transportation then he would be guilty of the offence and in the present case from the statement of the applicant and other arrested accused person it is quite evident that he did take some part in the series of steps which culminated in the gold being brought in the country. The statements of the applicant and other accused persons so recorded under Section 108 of the Custom Act are distinct and different from statement recorded by the police officers during the course of investigation under Criminal Procedure Code. It is a material piece of evidence collected by the Custom officials statement made by another accused persons inculpating the applicant therein, can be used as a substantive piece of evidence. The said statements under Section 108 of the Act are admissible in evidence. It is hardly required to be stated that once a person is released on bail in such a serious offence where punishment is quite deterrent, the accused in order to get away from the clutches of the same indulge in various activities like tampering with the prosecution witnesses and evidence collected and also create problem of law and order situation. Release on bail in serious offence of such nature larger interest of the public and State always matter. The prayer for bail is rejected.
|