TMI Blog2022 (7) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... for the said 3 foreign origin gold bars having weight of 3 k.g. worth Rs.1,58,20,500/-, which was allegedly recovered by the DRI officials from the possession of the co-accused Vishal Jain, Vaibhav Jain, Dheeraj and Shankar Singh Yadav. Considering the value of gold already seized, the manner in which the gold were received in this country and the attendant circumstances, there can be no doubt that the occurrence is flagrant violation of the provisions of Customs Act. The relevant provisions of the Customs Act are intended to protect the fiscal and commercial interest of the nation. An offence like this must be viewed with all the seriousness. There is no doubt that the instant release of the applicant, who is involved in such activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation No. MP07-CK-8887 near the Sonway Toll Plaza, Indore on 24.4.2022. During the search of the vehicle, officers of DRI found 3 yellow metal bars wrapped in papers from the specially built cavity under the seat adjacent to the Driver seat. On unwrapping the papers, it was found that on 2 gold bars Valcambi Suisse 1 kg gold 995.0 and on one gold bar Essaycurfoundeur was written and on one bar AL ETIHAD GOLD Dubai - UAE 1 Kilo Gold 995.0 Melter Assayer was written. By inquiring the person siting on the driver seat, the applicant informed his name as Shri Shankar Singh Yadav. The person sitting beside the driver seat was named as Vaibhav Jain and other two persons sitting behind named as Vishal Jain and Shri Dhiraj Rai. During the inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e allegation he has received only Rs.6,000/- as a commission for arranging the gold bars on the direction of co-accused Vaibhav Jain and Vishal Jain from the local market dealer one Mr. Lucky John. Nothing has been seized from his possession. Mandatory compliance of Section 154 to 157 of Cr.P.C. is not done by the DRI officers. Applicant's paternal uncle has died on 13.6.2022. His family is going through difficult times. He would not hamper the investigation and would not tamper the prosecution witness. Hence, he prays that applicant be released on bail. In support of his contention he has placed reliance upon the order of the Apex Court dated 23.9.2011 passed in Criminal Appeal No.2178 of 2011 and the judgment of Delhi High Court passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hah, 1983(13) ELT 1661 (SC), in the case of Union of India Vs. Padam Narain Aggarwal, 2008(231) ELT 397(SC), in the case of Kisin S. Loungani Vs. Union of India, 2017 (352) ELT 433 (Ker.) and in the case of Collector of Customs, Madras and others Vs. D. Bhoormull, 1983(13) ELT 1546 (SC). Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that present applicant Mukesh Valecha admits in his confessional statement under Section 108 of Customs Act, 1962 that he has supplied the said 3 gold bars of foreign origin having the same marking to Vishal Jain and Vaibhav Jain and he has not been issued any sale invoice for the said 3 foreign origin g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntry as a whole and thereby posing serious threat to the financial health of the country. Considering the value of gold already seized, the manner in which the gold were received in this country and the attendant circumstances, there can be no doubt that the occurrence is flagrant violation of the provisions of Customs Act. The relevant provisions of the Customs Act are intended to protect the fiscal and commercial interest of the nation. An offence like this must be viewed with all the seriousness. There is no doubt that the instant release of the applicant, who is involved in such activities, would hamper the investigation and the applicant may tamper with the evidence. In view of the above at this stage this Court is not inclined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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