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2015 (7) TMI 1086 - DELHI HIGH COURT

2015 (7) TMI 1086 - DELHI HIGH COURT - 2016 (335) E.L.T. 25 (Del.) - Seeking non-release of foreigners on bail which are in judicial custody - brought six bricks of gold - goods seized and liable to be confiscated - Held that:- as per Chapter 71 of Classifications of Export & Import Items (with Customs Tariff Rates & Exemptions 2015-20) under Notes in clause 4 (A) it is prescribed that “precious metal” meats silver, gold and platinum. The duty upon the said metals is 24.463% and policy on the sa .....

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d in judicial custody if they are entitled to be released on bail. Further the respondents are directed to surrender their pass-ports before the Trial Court. The learned trial court is at liberty to release the respondents on the same terms and conditions as imposed vide its order dated 29.06.2015 and by this Court. - Decided against the revenue - CRL.M.C. 2577/2015 And Crl. M.A. 9193/2015 & Crl. M.A. 9399/2015 - Dated:- 10-7-2015 - MR. SURESH KAIT, J. For the Petitioner : Mr.Satish Aggarwala, A .....

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covered and seized six Gold bars of 999.9 purity collectively weighing 6 Kg. from respondent no.1 who arrived at Terminal-3 of IGI Airport, New Delhi from Hong-Kong by Cathay Pacific Flight CX-695 on 10.06.2015 at 20.55 hours along with respondent no. 2. Their respective statements under Section 108 of the Customs Act, 1962 were recorded on 11.06.2015, wherein they admitted that they have brought these six Gold bars of 1 Kg. each concealing inside the four packets of fake mobile phones / power b .....

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29.06.2015, when the respondents were granted bail. The ld. Trial Judge has wrongly noted that the investigation is complete and the petitioner does not require any custodial investigation. Whereas in reply to the application dated 24.06.2015, the petitioner has specifically stated that enquiries are on and in fancy. 5. Mr. Aggarwal further submits that whether the respondents have any link in India for smuggling purposes or they are involved in previous smuggling activities, this aspect can be .....

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rtment, Mr. Satish Aggarwala, this Court stayed the order dated 29.06.2015 and the petition was directed to be listed on 17.07.2015, after serving notice upon the respondents. In the meanwhile, respondents preferred an application being Crl. M.A. No. 9399/2015 seeking eviction of the stay order dated 30.06.2015 granted by this Court. Thereafter, reply to that application has been filed by the petitioner. With the consent of the counsels for the parties, the matter is taken up for final disposal. .....

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ed that he had been smuggling gold earlier. During enquiries under section 108 of the Customs Act, 1962, he did not furnish the particulars of Indian national, in Hon Kong, for whom he had been smuggling gold into India. He also did not disclose the recipients/s of smuggled gold in India. 4. Learned counsel for the petitioner further submits that before learned ACMM, the petitioner relied upon the case of Robert Lendi vs. The Collector of Customs and another 1987 Crl. L. J. 55 wherein this Court .....

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case against the petitioner is a serious one involving smuggling of gold and since the petitioner is a foreigner and has no fixed residence in India there is likelihood of this jumping the bail. We do not find anything wrong in the reasons given by the learned Magistrate for refusing to grant bail. We may, however, additionally state that on a perusal of the copy of the order sheet, right from 17-2-1986 onwards, it is abundantly clear that the delay in the trial of the case against the petition .....

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the definition of eligible passenger‟ as per notification No.3/2012-Customs dated 16.01.2012. Therefore, smuggling of gold by the respondents is a heinous crime and it has to be dealt in a different way. 6. Mr.Aggarwal further submits, in the impugned order dated 29.06.2015, the learned trial court relied upon the case of Anil Mahajan vs. Commissioner of Customs & Anr, 2000 III AD Delhi 369 wherein the accused remained in judicial custody for six months and thereafter released on bail .....

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nces for moving the second bail application and granting bail. 8. The fact remains that the respondents were intercepted on 11.06.2015. They were produced before the trial court and sent to judicial custody. On 26.06.2015, the judicial custody of the respondents was extended till 10.07.2015. 9. It is important to mention here that as per Chapter 71 of Classifications of Export & Import Items (with Customs Tariff Rates & Exemptions 2015-20) under Notes in clause 4 (A) it is prescribed tha .....

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urt has not discharged the respondents from the case. Simply because they are foreigners cannot be kept detained in judicial custody if they are entitled to be released on bail. 10. Mr. Aggarwala heavily relied upon the decision of this Court in the case of Robert Lendi (supra). The said case relates to the year 1987. In those days, import and export policies were not liberalised. About 28 years have passed. It is not in dispute that gold can be imported, but with some conditions, i.e., by India .....

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