TMI Blog2023 (3) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... Luckhnow Zonal Unit sanctioned the prosecution against the accused persons including the petitioners. During investigation, the documents produced by the petitioners in favour of the alleged seized gold Biscuits/Bullions were not found genuine. Considering the fact that recovery of gold Biscuits/Bullions from the individual possession of the petitioners are less than Rs. One Crore and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Economic Offences, Patna - Petition disposed off. - CRIMINAL MISCELLANEOUS No.56714 of 2022 with CRIMINAL MISCELLANEOUS No. 54440 of 2022,with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gladesh into India weighing 1982.340 grams for a value of Rs. 1,03,45,832/-. Accordingly, from the possession of petitioner/Ashish Raj, seven pieces, from the possession of petitioner/Vishal Kumar, four pieces and from the possession of petitioner/Rajan Kumar Soni, two pieces of gold Biscuits/Bullions were recovered. Subsequently, the statement of all the three apprehended accused persons were recorded under Section 108 of the Customs Act where they accepted their guilt and disclosed that said gold Biscuits/Bullions were smuggled from Dubai into India through Bangladesh and they also disclosed the names of the recipients of aforesaid gold Biscuits/Bullions. It is submitted on behalf of the petitioners that petitioners are innocent and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e different persons and further when the recipients of the said 13 gold Biscuits/Bullions are three different firms having three separate GST numbers, in such circumstance, how three different cases of three different registered firms can be clubbed together, which in itself put a question mark and just with a view to make out the offence non-bailable, the gold Biscuits/Bullions were clubbed into one seizure so as to increase the value of gold Biscuits/Bullions more than Rs. One crore. It is also worth mentioning that since the abolition of the Gold Control Act, 1968 in June 1990, there is no restriction of taking primary gold from one part of the country to other part. The gold was seized at Gaya which is within the Indian Territory, hence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the prosecution against the accused persons including the petitioners. During investigation, the documents produced by the petitioners in favour of the alleged seized gold Biscuits/Bullions were not found genuine. It is also submitted that upon analysis of C.D.R of mobile numbers recovered from the possession of the petitioners, it was found that petitioners were in Bihar throughout the day on 28.06.2022 which itself contradict the own version of the petitioners. Considering the fact that recovery of gold Biscuits/Bullions from the individual possession of the petitioners are less than Rs. One Crore and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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