9911796707
TMI Blog2020 (10) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... JAYAKUMAR, ASG OF INDIA ORDER The applicant apprehends arrest in a case allegedly registered by the Customs Preventive and Narcotics Unit, Palakkad as O.R.No.10/2020 and approaches this Court for anticipatory bail under Section 438 of the Cr.P.C. 2. The prosecution case, in brief, is that during the routine vehicle checking at Meenakshipuram Check Post, the Excise officials intercepted a touris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs Act and is expected to appear before the Customs Department for further investigation. The applicant also states that he had in fact appeared before the Customs Department at Palakkad, but he was not questioned stating that the present application for anticipatory bail is pending and they would proceed only after the application is disposed of. The applicant further states that he is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed because the gold which was seized from them apparently does not fall under the definition of smuggling under Sections 2(39) of the Customs Act, and therefore, it does not appear to be gold which is liable for confiscation under Section 111 or 113 of the Customs Act. The tax invoices and bills are produced for prima facie indicate that the dealing in gold which is legally possessed by different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plantation in the year 2011. 4. Heard the learned Counsel for the applicant and the learned Public Prosecutor. 5. Considering all these facts and also the fact that the granting of bail to accused 1 and 2 has not been challenged by the Customs Department and has now become final, there is no point in the applicant being incarcerated for the purpose of investigation as long as he is willing to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
