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TMI Blog2023 (4) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... nticipatory bail application has been moved by the accused/applicant- Anil Soni in DRI Case Crime No. 02/2023, under Section 135 of Custom Act, 1962, Police Station D.R.I., District Lucknow, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case. Learned counsel for the applicant while referring to the page 47 of the paper book submits that the applicant Anil Soni is a partner of R.A. Mosun Jewellers having its Head Office at Hasanpukur 1st Lane, Ground Floor, Kolkata, West Bengal, 700007 and its Branch office at Jaipur, Rajasthan and the gold which is shown to have been recovered from the possession of one Sumit Verma is actually owned by the firm of the applicant and he (Sumit Verma) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jewellery. The same was done under the proper guidelines and GST invoices/ tax invoices/ credit note, which was always sent with the transferred gold. The old gold was transferred in the form of jewellery with Sumit Verma from Jaipur to Kolkata. The true copy of GST invoices of jewellery sent from Jaipur to Kolkata is being annexed as Annexure No.6 to the affidavit. It is further submitted that under proper documentation of title, the precious goods reached at the principal place of business by the firm, and it was melted into fine gold and carving of jewellery under the specified design as mandated in the State of Rajasthan. The said stock transfer was repatriated/ sales/ return/ stock transfer return to the Additional place of business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be required. It is also submitted that the applicant is not having any previous criminal history and having roots in the society and is also not a flight risk, thus his personal liberty be protected. Shri Digvijay Nath Dubey, learned counsel representing DRI opposes the prayer of the applicant on the ground that coaccused Sumit Verma was apprehended on 27.1.2023 by the team of D.R.I. on the basis of an intelligence input stating that some gold is being smuggled in the territory of India and after arrest and search of the aforesaid Sumit Verma, gold weighing about 3000 grams were recovered from his possession having market value of Rs. 1,75,55,000/- and on being interrogated the name of the instant applicant has surfaced in his confess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of any conclusive proof pertaining to the ownership, the gold in all probability should be presumed is to be smuggled in the territory of India and as it has also been confessed by Sumit Verma. Per contra learned counsel for the applicant has relied on various documents placed on record pertaining to the ownership of the gold and it is submitted that the firm in the name of R.A. Mosun Jewellers is jointly owned by the instant applicant and other partners and applicant is one of its partner and the gold was being transported under the instructions of the applicant through its employee, namely, Sumit Verma from Kolkata to Jaipur where the branch of R.A. Mosun Jewellers is also existing and thus it was a case of internal transfer of the gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antime, it is provided that till the next date of listing the applicant -Anil Soni in the event of his arrest in the above noted case by DRI or any of its officer shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Station House Officer / Investigating Officer/ trial court concerned subject to the fulfillment of following conditions:- (1) The applicant within a week from today shall appear before Mr. Anil Kumar Pathak, Senior Intelligence Oficer, DRI, investigating Officer, at the office of DRI situated at 2/31 Vishal Khand, Gomti Nagar, Lucknow on any working day. (2) The Investigating Officer/ Intelligence Officer who is investigating th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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