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2023 (4) TMI 839 - ALLAHABAD HIGH COURTSeeking grant of anticipatory bail - gold allegedly recovered and seized is owned by the firm of the applicant and was being transported to its branch office at Jaipur from Kolkata (head office) - HELD THAT:- It is evident and accepted to the parties that co-accused Sumit Verma from whose possession 3000 grams of gold is said to have been recovered of the value of Rs. 1,75,55,000/- has not been apprehended from any exit or entry point to or from the territory of India. The case of the D.R.I. as is reflected from the submissions made by Shri Digvijay Nath Dubey is that the applicant before this Court and co-accused Sumit Verma have failed to produce any document or conclusive proof which may show that the ownership of the gold belongs to them and in absence of any conclusive proof pertaining to the ownership, the gold in all probability should be presumed is to be smuggled in the territory of India and as it has also been confessed by Sumit Verma. Having regard to all the facts and circumstances of the case including the guidelines which has been issued by the Government of India, Ministry of Defence, Department of Revenue dated 16.8.2022 pertaining to the arrest of various offenders of the Customs Act as well as the fact that alleged offences against the applicant are punishable with upto seven years of imprisonment and gold has not been recovered from the possession of applicant, in the considered opinion of this Court the liberty of the applicant may be protected for some time, subject to his cooperation in the investigation - Let better counter affidavit be filed by the DRI mentioning therein about the culpability of the applicant more so in the background of the fact that the gold recovered from the co-accused Sumit Verma has not been apprehended from any exit or entry point to or from the territory of India and a representation is alleged to be pending before DRI, submitted by Mr. Ranjan Soni, partner of the firm. Let this case be listed on 3.5.2023.
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