9911796707
TMI Blog2020 (11) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicants has submitted that the applicants were intercepted on Faizabad Road but search proceedings were conducted at the office of DRI 2/31, Vishal Khand, Gomti Nagar, Lucknow which is much away from the place of interception. It is further submitted that this second bail application has been preferred inter alia on the ground that the panch witnesses do not exist at the address given in the panchnama, i.e. the address(es) given were false and the identity of the panch witnesses, namely Kallu Ram and Ajay Kumar, present in recovery proceedings, could not be established during the adjudication proceedings and as such, the credibility of the very document on the basis of which the entire prosecution story hinges, is devastated. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RI officers which will be against the procedure provided under Section 102(4) Customs Act, 1962 which provides that "before making a search under the provisions of section 100 or section 101, the officer of customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do................." It is then submitted that on perusal of records, it appears that this provision has been flouted and witnesses are non-existent and false. It is further submitted that provisions of Section 102(4) is mandatory in nature as it has been qualified by word, 'shall'. It is submitted that non-appearance of the panch witnesses in trial will have its own merit at the time of con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 104, 110, 111, 135 Customs Act, 1962, registered at Directorate of Revenue Intelligence, Lucknow Zonal Unit, U.P. Lucknow be released on bail on their furnishing a personal bond and two heavy sureties including one local surety, each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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