TMI Blog2016 (6) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 1-6-2016 - Hon'ble Om Prakash, J. For the Applicant : Rajrshi Gupta, Dileep Kumar For the Respondent : G.A.,B.K.Singh Raghuvanshi,Sanjay Kumar Singh ORDER This is the bail application on behalf of the applicant praying for release of the applicant on bail in connection with case crime no. NIL of 2016 under Section 135 of the Customs Act, 1962, P.S.Customs, District Varanasi. Heard Shri Dilip Kumar, learned counsel for the applicant and Shri Sanjay Kumar Singh, learned counsel for the opposite party no.2 -Customs Department as well as the learned AGA appearing for the State at length and perused the entire record. It is submitted by the learned counsel for the applicant that the applicant was working a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the applicant, comes under the definition of the prohibited goods nor there is any violation of the Customs Act or Foreign Exchange Management Act (in short the 'FEMA'). Learned counsel for the applicant at this stage referred to the provisions of Sections 2, 11, 11-A, 104, 110, 111, 132, 135 of the Customs Act and also the relevant provisions of the FEMA. It is further submitted that there was no requirement to obtain fresh sanction of the Reserve Bank of India to appoint franchisee as the formalities required under the guidelines laid-down by the R.B.I. have been fulfilled and information has been given, hence, the possession of the foreign currencies, said to have been recovered from the applicant, was not illegal or in violati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrencies under the umbrella of AFPL. Letter regarding appointment of franchisee has no legal sanctity as it was not issued by the Reserve Bank of India. It is mere an authority issued by the AFPL. The applicant was not authorized to purchase the foreign currencies on behalf of the AFPL. It is further submitted that the applicant has not given details of the person from whom the said foreign currencies, recovered from the possession of the applicant, were purchased. The said Obeda Khan, Irfan and Laeek have denied of any such transaction. Further, the said foreign currencies comes under the definition of 'goods' as defined under Section 2(22) of the Customs Act under the category of prohibited goods. Illegal import of the foreign cur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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