9911796707
TMI Blog2023 (4) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Applicant : Shri Alok Barthwal - Advocate For the Respondents : Shri Chandan Airen - Advocate ORDER This is the first application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 03.09.2022 in connection with Crime No.56/2022 registered at Police Station DRI, Indore Zonal Unit, Indore for the offence punishable under Sections 135 of Customs Act, 1962 and Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.1,69,650/- was recovered. Learned counsel for the applicant submits that the investigation is complete and complaint has been filed. No further custodial interrogation is required. As of today, except the opinion of an expert, it cannot be said that this gold was brought to India in violation of the Customs Act by these applicant and co-accused persons. They were found in possession of the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons. They kept the gold in a cavity specially built in the car. They have failed to produce any document about the payment of customs duty. There is a presumption of culpable mental state under Section 138(A) of the Customs Act and the statement made and signed before any Gazetted Officer is admissible in evidence, therefore, the burden is on the applicant to prove innocence. Learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided on 18/7/2022) in which the Division Bench of this Court has denied the bail on similar facts and circumstances even on recovery of 1 Kg. Gold. Heard. The applicant is first-time offender of the Offence which is triable by the Magistrate and the maximum sentence is up to 7 years. The offence is compoundable also. He is in jail since 03.09.2022. The trial has not begun so far. Only on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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