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2022 (7) TMI 988 - HC - CustomsSeeking grant of Bail - Smuggling - Foreign Gold - case of appellant is that their confessional statements were forcefully extracted by the DRI officers - it is also alleged that mandatory compliance of Section 154 to 157 of Cr.P.C. is not done by the DRI officers - HELD THAT:- Considering the nature and gravity of allegation as also the fact that present applicant Mukesh Valecha admits in his confessional statement under Section 108 of Customs Act, 1962 that he has supplied the said 3 gold bars of foreign origin having the same marking to Vishal Jain and Vaibhav Jain and he has not been issued any sale invoice for the said 3 foreign origin gold bars having weight of 3 k.g. worth Rs.1,58,20,500/-, which was allegedly recovered by the DRI officials from the possession of the co-accused Vishal Jain, Vaibhav Jain, Dheeraj and Shankar Singh Yadav. 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. At this stage this Court is not inclined to grant regular bail to the present applicant - Application dismissed.
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