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2019 (11) TMI 624 - HC - CustomsBail application - recovery of gold in the possession of accused-applicant or not - case of accused is that no gold as shown by the prosecution has been recovered from the possession of the accused-applicant and the prosecution story is false and concocted - HELD THAT:- Perusal of record reveals that allegation of recovery of 24 pieces of gold weighting 3983.24 grams of the value of ₹ 1,027,07,110/- as assessed by the evaluator has been alleged to have been recovered from the possession of the accused-applicant. There is sufficient material on record substantiating the allegation against the accused-applicant. The statement of the accused-applicant recorded under Section 108 of the Customs Act is admissible in evidence and from the perusal of whole record no fact has been highlighted, which may reflect that power has been exercised by the Custom Officers/Officials on whims. The accused-applicant was produced before the Magistrate without any delay after arrest and keeping in view the facts and circumstances of the case as well as the magnitude of the recovery of the gold from the possession of the accused-applicant as well the non-preferring any reasonable explanation of such possession, does not incline this Court to grant bail to the accused-applicant. There are no good ground to release the accused-applicant on bail - Under Section 104 of the Customs Act, 1962 an offence punishable under Section 135(c), wherein value of any goods not declared exceeds one crore rupees has been declared as non-bailable. Section 135 (1)(a)(i) (A) is punishable with an imprisonment which may extend to 7 years or with fine. The applicant for bail of accused-applicant is, accordingly, rejected.
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