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2024 (1) TMI 940 - HC - CustomsSeeking grant of pre-arrest bail - smuggling - Gold - Reason to believe - HELD THAT:- Prima facie, there is material to show that about 36 kgs. smuggled melted gold was delivered to the applicant. There are statements to show that though the consignee was Ganesh Jewellers, the gold was delivered to the applicant and the persons have specifically named the applicant as the person to whom the gold was delivered. In the face of the aforesaid material coupled with rather indisputabe delivery of the gold, it is rather difficult to accede to the submission that there is no credible material to form a reasonable belief about the alleged complicity of the applicant. In the case of Satender Kumar Antil [2022 (8) TMI 152 - SUPREME COURT] the Supreme Court has enunciated that in category ‘A’ containing the offences which entail punishment of seven years or less a better exercise of discretion on the part of the Court in favour of the accused is expected. However, in the face of the material on record where prima facie involvement of the applicant in the alleged smuggling of the gold is made out, the custodial interrogation of the applicant appears indispensable for an effective and complete investigation. The conspectus of aforesaid consideration is that the material on record prima facie indicates that custodial interrogation of the applicant is necessary to facilitate further investigation and unmask the characters, which are involved in the alleged syndicate, and unearth the facets of the alleged offence. The application stands rejected.
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