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2022 (11) TMI 516 - HC - CustomsSeeking grant of bail - Smuggling - Gold bars - reliability of statements u/s 108 of CA - HELD THAT:- Considering the nature and gravity of allegation as also the fact that the applicant Vaibhav Jain along with Vishal Jain both of them bought 3 golden bars from co-accused Mukesh Valecha in lieu of cash of Rs.1,56,60,000/- without any invoice, which was allegedly recovered by DRI officers from the possession of the present applicant Vaibhav Jain, co-accused Vishal Jain, Dheeraj and Shankar Singh Yadav. From the investigation it is prima facie gathered that the present applicant along with other co-accused Vishal Jain, Dheeraj and Shankar Singh Yadav went to the Ulhas Nagar to get 3 k.g. smuggled gold bars and they were carrying it in a specifically built secret coating in the vehicle bearing registration No. MP07-CK-8887 while DRI officers intercepted the vehicle on 12.4.2022. The applicant is found to be one of the master mind behind the whole gold smuggling activities. Call data records also reveal that present applicant Vaibhav Jain and co-accused Vishal Jain talked 40 times during the period 1.1.2022 to 15.4.2022. Considering the value of gold already seized, the manner in which the gold were received in this country and the attendant circumstances, there can be no doubt that the occurrence is flagrant violation of the provisions of Customs Act. The relevant provisions of the Customs Act are intended to protect the fiscal and commercial interest of the nation. An offence like this must be viewed with all the seriousness. There is no doubt that the instant release of the applicant, who is involved in such activities, would hamper the investigation and the applicant may tamper with the evidence. This Court is not inclined to grant regular bail to the present applicant - application dismissed.
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