TMI Blog2024 (4) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... there is huge recovery of Indian and foreign currency with gold and silver bars. But thereafter no further progress in the investigation is shown. Moreover, no further statement of the accused is recorded on the basis of further investigation. Already there was sufficient time with the respondent to investigate about his further involvement in the alleged smuggling. The prosecution is suspecting that he may again involved himself in similar type of activity. But care can be taken by imposing certain conditions to prevent him from engaging in smuggling activity. Therefore considering all these circumstances and already the seized currency and other goods were with the respondent it is just and proper to enlarge him bail on certain conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. On filing application notice was issued to respondent. In response to that Mr. Devender Yadav, Intelligence Officer, DRI, MZU, Mumbai submitted their reply dated 12.04.2024 and objected the application. In the initial part details regarding alleged offence, recording of voluntary statement of applicant/accused is mentioned. Thereafter reply to bail application is given. It is submitted that, on the basis of statement of co-accused Mohd. Rafiq and Mahendra Jain his residential premises was searched which resulted into recovery of Rs.60,40,000/-and UK pounds 4,600. It is their statement that, he used to sent 2-3 kgs of smuggled gold every 2-3 days. His statement was recorded in which he admitted his role. 3. The investigation is under proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted cut pieces and crude gold with huge cash amount Rs.1,80,15,600/- was recovered and seized under reasonable belief that, the gold is smuggled and the cash is sale proceeds of earlier sold gold. 5. During the recording of statement of co-accused Ummed Singh, Mahipal Vyas, Rafiq Rizvi and Mahendra Jain the role of this accused and his wife was revealed. It appears from the reply that, as per his statement he was involved in said smuggling syndicate on the basis of person named Amzad from Dubai who was sending smuggled gold to India through carriers in the forms of bars and sticks. Thereafter he was arranging for collecting it and disposal of the same in local market through other co-accused. It also appears that there was huge recovery of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these circumstances and already the seized currency and other goods were with the respondent it is just and proper to enlarge him bail on certain conditions. Therefore, I pass following order:- ORDER 1. Application is allowed. 2. Accused be released on bail on his executing P.R. Bond of Rs.1,00,000/- (Rs. One Lakh only) in lieu of surety for 02 (two) months. 3. He be provisionally released on his furnishing cash bail of Rs.1,00,000/- (Rs. One Lakh only) in lieu of surety for 02 (two) months. 4. He shall not influence and tamper with the prosecution witnesses and evidence. He shall co-operate for further investigation of the case. 5. He is directed to remain present before the respondent for further 15 working days from the date of release f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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