TMI Blog2021 (7) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... nditions as it considers necessary in the interests of justice. Section 439(1)(a) of the Code has also empowered the Court to impose any condition which is considered necessary for the purpose. Though no exception can be taken in respect of the order of the learned jurisdiction Court for release of the petitioners on default bail on furnishing bail of ₹ 1,00,000/- each in today s context and in view of the purported involvement of the petitioners in an offence involving smuggling of gold bars of huge quantity of substantial value but considering the fact that they have failed to furnish the bail bonds for the said sum since 08.06.2021 till date, this Court in the interests of justice and taking into consideration the right to personal liberty of a person, as ingrained in Article 21 of the Constitution of India, has found it to be a fit case to exercise the discretion available under sub-section (2) of Section 440 of the Code to reduce the amount of bail bond from ₹ 1,00,000/- each to ₹ 50,000/- each. The two petitioners i.e. the two accused shall be released on bail on furnishing a bail bond of ₹ 50,000/- each with 2 (two) sureties each of the like amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffice at 10-15 p.m. 4.3. After observing due formalities and as per the requests of the two petitioners, the two petitioners were personally searched in presence of a Gazetted officer of the DRI. Nothing was, however, found from their possession during such personal search. Thereafter, the intercepted Maruti 800 car was checked but during the preliminary checking no contraband was recovered. As the intelligence input as regards transportation of contraband gold bars by the said Maruti 800 car in question was specific, it was decided to take the said Maruti 800 car to a Maruti Service Centre on the next day for a thorough checking. 4.4. Accordingly on 07.04.2021, the intercepted Maruti 800 car was taken to a Maruti Service Centre named M/s Mono Motor Works, Bamunimaidam, Guwahati and it was thoroughly checked. During such checking, three bundles of similar size wrapped with old newspapers and adhesive tapes were recovered from a special cavity made in the panel board below the front windshield, above the engine of the said Maruti 800 car in presence of the two petitioners and the two independent witnesses. The two petitioners were requested to remove the packings and on removi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the official brass seal. The remaining gold bars were also packed and sealed with the use of official brass seal. All the legal formalities of seizure were completed at around 4-00 p.m. on 07.04.2021. 4.9. The two petitioners statements were recorded under Section 108 of the Customs Act, 1962 and on the basis of those statements and other documentary and circumstantial evidence and the manner of concealment and transportation of those gold bars in a special cavity made inside the Maruti 800 cars, the DRI has found that the two petitioners were consciously involved and had committed an offence punishable under Section 135(1)(b)(i)(A) and Section 135(1)(b)(i)(C) of the Customs Act, 1962 and the same are punishable with rigorous imprisonment which may extent upto a period of 7 (seven) years and with fine. The two petitioners were accordingly arrested under Section 104 of the Customs Act, 1962 with due approval from the competent authority and following all required formalities. 5. After such arrest, the two petitioners were produced before the Court of learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 08.04.2021 and after such production, they were remanded t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail bond of ₹ 25,000/-. 8. Opposing the submissions made on behalf of the petitioners, learned counsel for the DRI has submitted that the petitioners are involved in the smuggling of gold of foreign origin. It is his submission, as are discernible, from the case of DRI, that the huge quantity of gold were recovered from their possessions i.e. 9,959.370 grams and the value of the seized gold bars is ₹ 4,72,07,414/-. As such, no modification is called for in respect of the conditions imposed by the learned Court while granting default bail to the petitioners. It is his further submission that the crime of gold smuggling is an organized activity and the materials clearly indicate that the petitioners are very much part of an organized gang. The ratio of Moti Ram (supra) is to be applied by taking into consideration the situation in the year 1978 with the situation prevailing in the year 2021 by factoring in the value of money in these two periods. As regards the order passed in B.A. no. 810/2021, he has submitted that in that case, the value of gold seized was about ₹ 1 crore. The amount of bail bond has a correlation with the value smuggled contraband gold. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso (a)(i) and (a)(ii) of Section 167(2), CrPC, the Magistrate can authorize the detention of the accused person in custody upto a total period of 90 (ninety) days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term not less than 10 (ten) years, and 60 (sixty) days, where the investigation relates to any other offence. If the investigation is not completed within the prescribed period, the accused is entitled to bail as per the said provision, provided the accused person is prepared to and does furnish bail and the accused person released on bail under Section 167(2), CrPC shall be deemed to be so released under the provisions of Chapter XXXIII (Provisions as to Bail and Bonds) for the purposes of that chapter. 13. The petitioners in the instant case have been granted default bail as per the proviso (a) (ii) of Section 167(2), CrPC as the investigating authority could not submit the final complaint within the prescribed period of 60 (sixty) days considering the fact that the offences under Section 135(1)(b)(i)(A) and Section 135(1)(b)(i)(C) of the Customs Act, 1962 are punishable with rigorous imprisonment w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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