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TMI Blog2021 (4) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... and perused the record. The present application under Section 439 Cr.P.C. has been filed by the applicants, namely, Dhruv Maheshwari and Laxman Ram, seeking bail in Case Crime No.08 of 2020 (Union of India through Intelligence Officer Vs. Dhruv Maheshwari), instituted by Directorate of Revenue Intelligence, Zonal Unit, 2/31, Vishal Khand, Gomti Nagar, Lucknow under Sections 104, 110, 111 and 135 of the Customs Act, 1962, before the Special Chief Judicial Magistrate Customs. On the basis of specific inputs by the Revenue Intelligence Department, the accused applicants who were travelling to Delhi by Train No.02823 Bhubaneshwar to Delhi (Covid Special Train), were taken into custody at Kanpur Central Railway Station at 17:45 hours on 12.10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Union of India, has opposed the bail application and has submitted that the accused applicants have been involved in commission of serious offence. The accused applicants in smuggling the prohibited item tried to play with the economy of this country as they smuggle gold and other items to avoid payment of custom duty. The smuggling seriously jeopardise the stable economic system of the country. The accused applicants are therefore not entitled to be enlarged on bail. I have considered the submissions of learned counsel for the applicants, Sri Digvijay Nath Dubey, learned counsel for the Union of India and gone through the record. Even from the facts of the case, it is evident that the accused applicants are the carriers of the smug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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