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TMI Blog2021 (2) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... , dated 16.12.2020, for contravention of Sections 7(1) and 11 of the Customs Act, 1962, punishable under Section 135 of the Customs Act, 1962. 3. Perused the case diary produced before this Court as well as the bail objection filed by the respondent/DRI. 4. The fact of the case is that the DRI officers, including the informant/complainant, on specific information received to the effect that one member of the gold smuggling syndicate, carrying contraband gold, was travelling in a bus bearing registration No. BR-06-PD-0623 of Raj Travels bound for Muzaffarpur, Bihar. The said bus was scheduled to depart at 13.00 hours of 16.12.2020 from HP Petrol Pump, near ISBT flyover, Guwahati. The name of and photograph of the said person was also avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Customs Act in view of failure on the part of the petitioner to produce documents justifying his legal and valid possession thereof. 7. As per the statement of the petitioner, under Section 108 of the Customs Act, he had admitted his conscious involvement in the gold smuggling racket and also admitted of his previous trips carrying smuggled gold of foreign origin. 8. On interrogation and on the basis of the statement of the petitioner, the DRI found materials that the petitioner was involved and had been dealing with contraband gold of foreign, including the seized four pieces of gold bars. 9. During the course of investigation, on the basis of intelligence report, two other persons, namely, Sri Subhash Chandra Soni and Sri Navrata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been arrested without warrant for his arrest. 13. I have visited the provisions of Section 104 of the Customs Act, including Sub-section 4 thereof. As per Section 104(1) of the Customs Act, if a person has committed offence, inter alia, under Section 135 of the said Act, he may be arrested. Coming to Section 135(1)(b)(i) (A) of the aforesaid Act, if the market price of the goods exceeds Rs. 1 crore, the same is punishable with imprisonment for a term which may extend to 7 (seven) years and with fine and as such, such an offence is non-bailable. 14. The learned counsel for the petitioner, Mr. Purkayastha has submitted that the value of the gold so seized is less than Rs. 1 crore as per the value of gold found and collected from the web ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be imported upon payment of duty. It was further held therein that it was a case of town seizer and the customs officers have seized the gold on suspicion of smuggling without there being any actual evidence of smuggling. However, in the instant case, so far the materials collected, it was a smuggled gold and no duty was paid for that. The above decision referred to by the learned counsel for the petitioner is not applicable in the instant case also on account of the fact that the decision is rendered in a trial and not in a bail application. The materials produced by the DRI, at this stage of bail, appear to be relevant for the purpose of consideration of the bail application. 17. Whatever it may be, from the materials on record and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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