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2024 (4) TMI 872

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..... him that, he smuggled gold into India and the same is sent to co-accused Mohd. Rafiq for delivering the same to the buyers in the local market. He is falsely implicated in the case. He has nothing to do with smuggling of gold. He retracted from the statement. He is in the business construction activity and is concentrating on redevelopment projects. The gold and cash was recovered from the premises of other co-accused. He has no idea whether it was smuggled gold. The person from whose premises the gold was recovered have not arrested. Other co-accused Ummed Singh and Mahipal already released on the bail. Nothing remains to be investigated and/or recovered qua him of his wife. His arrest is on the basis of statement of other accused which is .....

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..... t. His continuous judicial custody is extremely crucial so that, his smuggling network can be busted and the smuggling activities can be prevented. He involved in very serious economic offence which adversely affects the economy of the country. The case is having international ramifications. Therefore they submitted for rejecting the application. 4. Perused application, report of respondent and remand reports. Heard Ld. Advocate Dr. Sujay Kathawala for applicant/accused and Ld. Special PP Mr. S.R. Ketkar at length. At the outset it is required to note that, on 05.03.2024 the search was conducted on the basis of intelligence developed and authorisation issued at shop no.19, 1st floor, building no.51/53, Vithalwadi lane, Kalbadevi, Mumbai-02 .....

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..... nformation gathered he was earlier involved in similar type of activities in Gujarat State and now changed his name. Therefore there is possibility that, there may be more recovery and more involvement of the persons who are yet to be arrested. But it is required to note that as per their statement they themselves were not bringing gold from the Dubai but the part of smuggling. It is not disputed that 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 .....

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..... epartment to return passport to him after said period with due acknowledgment without any reference to the court. 7. He shall take prior permission of the court for travelling abroad. 8. He shall furnish his residential address and telephone/mobile number with E-mail address to the Court and department. He shall not change his residential address, telephone/mobile number and E-mail prior without intimation in writing to the Court and concern Department. 9. He shall furnish address and mobile number of his two nearest relatives to the court and department with their consent alongwith their address proof for contacting them if he fails to appear during further investigation before respondent and during trial of the case.
Case laws, Dec .....

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