TMI Blog2021 (2) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... of gold found and collected from the website. However, it has been found from the complaint/bail objection placed before this Court by the DRI that the gold was weighed by the registered goldsmith and the value of the seized gold was Rs. ₹ 1,01,94,450/-. In the absence of any material to show that ascertainment of the value of the seized gold is not legally valid/correct, there is no reason to disbelieve the value ascertained by the registered goldsmith. Accordingly, the offence is covered by Section 135(1)(b)(i)(A) of the Customs Act. In the instant case, so far the materials collected, it was a smuggled gold and no duty was paid for that - Whatever it may be, from the materials on record and on hearing the rival submissions made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 available with the DRI officers. Acting on such intelligence input, on 16.12.2020, at around 1245 hours, the DRI officers intercepted one person, namely, Radhey Shyam Soni, i.e., the present petitioner near HP Petrol Pump, near ISBT flyover, Guwahati in the presence of two independent witnesses. 5. During interrogation, the petitioner had admitted that he was carrying four gold bars concealed in the inner pocket of his vest. After observing all required legal formal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Navratan Soni of the same smuggling syndicate were also apprehended by the DRI Muzaffarpur Unit with six pieces of gold bars of foreign origin weighing 2993.62 grams, valued at ₹ 1,56,57,650/- in a quick simultaneous operation. Both the persons were arrested and produced before the court. The petitioner, in his statement had admitted that he only handed over six pieces of gold bars to the persons named above. 10. All the seized four pieces of gold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prisonment 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 ₹ 1 crore as per the value of gold found and collected from the website. However, it has been found from the complaint/bail objection placed before this Court by the DRI that the gold was weighed by the registered goldsmith and the value of the seized gold was Rs. ₹ 1,01,94,450/-. In the absence of any material to show that ascertainment of the value of the seized gold is not legally valid/correct, there is no reason to disbelieve the value ascertained by the registered goldsmith. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable 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 on hearing the rival submissions made by the respective learned counsel for the parties, this Court is of the view that this is not a fit case to grant bail to the petitioner, at this stage, as there are materials collected during the investigation of the case that the petitioner had, in his possession four gold bars weighing 1995.00 grams and valued at Rs. ₹ 1,01,94,450/- covering the case by the provision of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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