9911796707
TMI Blog2024 (2) TMI 1272X X X X Extracts X X X X X X X X Extracts X X X X ..... has been falsely implicated in the instant case due to ulterior motives. Applicant is law abiding citizen of the country and he is in judicial custody since 18.10.2023. As per the prosecution story the co-accused namely Ajay Kumar was intercepted by the customs officers at the arrival hall of C.C.S.I. Airport Lucknow at about 10.20 hours on 17.10.2023 and on the basis of suspicion, he was intercepted and asked whether he had a declaration under the Customs Act, 1962. He replied in negative, thereafter, Custom officers call two independent witnesses and a gazetted office and asked him to open his bag and gold was recovered from the mixers, kept in the bags. 3. It is submitted that no permission order for seizure or arrest has been obtained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n jail since 18.10.2023 having no criminal history and in case his is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. 4. Per contra, learned counsel for DRI submitted that according to intelligence reports custom officer had information that Mahtab Alam, Abdul rahman, Ashik and Ajay Kumar were traveling from Dubai to India via Indigo flight 6E 1484 on 17.10.2023 smuggling foreign origin gold concealed in their body and belongings, hence DRI officers visited CCSI Airport, Lucknow and intercepted the said passengers. After following due procedure and their request they were brought to the office of DRI Gomtinagar, Lucknow and foreign origin gold total 12 Bars, net weight 2441.500 grams valued at Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as Circular No.13 of 2020-Costume dated 16.08.2022. 5. Learned counsel for DRI relied upon the judgment of Apex Court passed in Criminal Appeal No.27 of 1967 and the judgment of the Apex Court in the case of "Badku Joti Savant Case, (1966) 3 SCR 698 = AIR 1966 SC 1746 and in which it is held by Hon'ble Apex Court that Customs Officer is under the Act of 1962 not a police officer within the meaning of section 25 of the Evidence Act and the statements made before him by a person who is arrested are not covered by section 25 of the Indian Evidence Act. Hence the statement of accused-applicant made before DRI officers is confessional statements and admissible in evidence. The value, quantification of recovered gold, including the samp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in trolley bag. The quantification and value was assessed by the approved local government assayer. The source of smuggling is one and same persons i.e. Mr. Syyed of Dubai and heavy quantity of gold was send through four persons from the same flight, which was to be delivered to the different person at Lucknow Airport. 8. The learned counsel for the applicant referring to the provisions of Subsection 4 of section 104 of the Customs Act, has submitted that the offences involved in this case is non-cognizable and therefore, the applicant could not have been arrested without warrant for his arrest. 9. I have visited the provisions of section 104 of the Customs Act, including Sub-section 4 thereof. As per Section 104(1) of the Customs Act, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... muggling without there being any actual evidence of smuggling. However, in the instant case, so far the materials collected, it was a smuggled gold and no duty was paid for that. The above decision referred to by the learned counsel for the applicant is not applicable in the instant case also on account of the fact that the decision is rendered in a trial and not in a bail application. The materials produced by the DRI, at this stage of bail, appear to be relevant for the purpose of consideration of the bail application. 12. Sampling was done in accordance with the provisions. There is no specific allegation on behalf of the applicant that how the provisions of law are not complied with while sampling the recovered gold. Seizure memo was p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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