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2024 (2) TMI 1272 - ALLAHABAD HIGH COURTApplication for Grant of bail - smuggling foreign origin gold - No duty paid - provision of Section 135 (1)(b)(i)(A) of the Customs Act - HELD THAT:- We have found that as per the materials collected by the DRI, during the course of investigation, the gold seized was smuggled to India and no document/authority could be shown by the applicant for his possession of the seized gold. Sampling was done in accordance with the provisions. There is no specific allegation on behalf of the applicant that how the provisions of law are not complied with while sampling the recovered gold. Seizure memo was prepared as per the provision, which is on record. The statement of accused-applicant is recorded by DRI which is signed by the applicant and the same is on record as annexure no.3 to the counter affidavit filed on behalf of DRI. The statements of other three co-accused were also recorded by the DRI, which was signed by them and same is on record as annexure nos.4 to 6, to the counter affidavit filed on behalf of DRI. Whatever it may be, from the materials on record and on hearing the rival submissions made by the respective learned counsel for the parties, this Court is of the view that this is not a fit case to grant bail to the applicant, at this stage, as there are materials collected during the investigation of the case that the applicant had, in his possession four gold bars weighing 2441.500 grams valued at Rs. 1,49,90,810/- covering the case by the provision of Section 135 (1)(b)(i)(A) of the Customs Act. Therefore, the prayer for bail of the applicant stands rejected.
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