9911796707
TMI Blog2023 (11) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the petitioner has submitted that the facts leading to the arrest of Shri. Sadeep Kumar Sunar was that on 05.10.2023 at about 7:30 pm, the police of Byrnihat Outpost received telephonic information that the arrested person was moving with a consignment of gold biscuits from Shillong towards Guwahati. At about 8:02 pm, on a tourist vehicle being intercepted at the checkpoint set up for the same, the police found three persons present in the vehicle which apart from the arrested person, also includes the driver and one Smti. Radhika Vetwal. On the vehicle being searched, seven gold biscuits were found from the possession of Smti. Radhika Vetwal. On being interrogated, the occupants of the vehicle failed to give satisfactory answers as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 7 of Section 104 of the said Customs Act, it is provided that all offences under this Act, shall be bailable. 7. Another limb of argument advanced by the learned counsel for the petitioner is that the accused person Shri. Sadeep Kumar Sunar has no criminal antecedent and is also the sole bread earner of the family consisting of his aged and infirm parents, wife and minor children and as such, it is prayed that the accused may be enlarged on bail having been in custody for about 45 days or so. In the event, he is enlarged on bail, the accused person will also abide by any conditions as this Court may deem fit and proper to impose. 8. The case of Gian Chand & Others v. State of Punjab, AIR 1962 SC 496, para 2, the case of Assistant Colle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... devoid of merit. 11. This Court, upon hearing the learned counsels for the respective parties, and on perusal of the case diary and the authorities cited by the petitioner, would observe that the recovery of seven gold biscuits was actually from the possession of Smti. Radhika Vetwal. However, the accused person Shri. Sadeep Kumar Sunar has also admitted his part in the said transaction when he said that four of those gold biscuits were bought by him. 12. The allegation of the prosecution that the accused person in question is involved in smuggling activities, has not been definitely ascertained as far as the present progress of investigation is concerned. Prima facie, it appears that the sections of law quoted in the case registered pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." 16. In view of the observations made hereinabove, this Court is inclined to allow this petition and to direct release of the accused person Shri. Sadeep Kumar Sunar on bail on the following conditions that: i) He shall not abscond or tamper with the evidence and witnesses; ii) He shall not leave the jurisdiction of India without prior permission of the court; iii) He shall appear before the Investigating Officer or the court concerned as and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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