TMI Blog2020 (7) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... inal original petitions are dismissed. - Crl.O.P.Nos.7184 to 7189 & 7192 to 7194 of 2020 - - - Dated:- 4-5-2020 - HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN For Petitioner in Crl.OP.Nos.7184 to 7189 : Mr. S. Palani Kumar For Petitioner in Crl.OP.Nos.7192 7193 : Mr. B. Sathish Kumar For Petitioner in Crl.OP.No.7194 : Mr.P.S.Amalraj For Respondent : Mr. N.P. Kumar, in all Crl.O.P.s Special Public Prosecutor COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 20.02.2020 in F.No.DRI/VIII/48/ENQ-01/INT-03/2020 on 20.02.2020 at 11.45 P.M., for alleged offences under sections 133 and 135 of the Customs Act, 1962 as amended in connection with the alleged seizure of gold and produced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners do not know involvement of any other passenger arrested along with them and the remand report contains full of falls particulars to justify and detained the petitioners and several other accused persons in one case which is not permitted under the provisions of Customs Act, 1962 as amended in view of section 77 of Customs Act, 1962 as amended. 4. He further submits that the respondent allegedly seized only about 1130 grams of gold from the petitioners and it is very lesser value to arrest them under non bailable section and in order to boost the value to more than Rupees one crore to enable them to arrest under subsection(i) of section 135 of the Customs Act, 1962, the respondent has pooled together the gold brought by several ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. He further submitted that the first accused had entered into a criminal conspiracy with one Ameer @ Ameer Bhai @ Ali @ Ali bhai of Chennai and other operators known to him and unknown to the Department, who had arranged the gold from Malaysia/Dubai/Colombo to indulge in smuggling of gold from abroad through Chennai airport without detection by Customs Officers posted there. In furtherance of this arrangement, Ameer Ali in collaboration with operators smuggling gold in other countries would engage the services of the passengers (kuruvis) known to him and unknown to the Department for smuggling gold from abroad into India through Chennai Airport by concealing them in their rectum. In pursuance of this conspiratorial arrangement, the oper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nai Airport to the persons arranged by Ameer Ali and collect the agreed monetary consideration. 8. He further submitted that in continuation of this conspiratorial arrangement on the morning of 19.02.2020, the Accused A1 had sent photos of the passengers who would be arriving by different flights on 19.02.2020 to Accused 2 and 3 through WhatsApp. But for DRI s timely interception of Accused 2 herein and 3 and recovery of their mobile phones, further resulted in the interception of 18 passengers including the Accused 13 herein which led to the recovery and seizure of 12963 grams of gold valued at ₹ 5,44,69,525/- under Customs Act, 1962 and the apprehension of the accused A1 through follow up action, the above said smuggling gang w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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