9911796707
TMI Blog2024 (6) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... reveals that DRI received specific information and acting upon the same, it intercepted two persons namely Harekrishna Parai (the applicant) and the co-accused Lalmohan Panja on 20.02.2024 at around 09:20 PM in the Second AC Coach bearing No.A1 of Pushpak Express (Train No.12533) from Charbagh Railway Station, Lucknow and their baggage was searched. From their three Trolley Bags, 558.900 Grams of Gold of foreign origin valued at Rs. 49,760,000/- and cash in Indian Currency worth Rs. 3,29,25,000/- is said to have been recovered. It was informed by the applicant that he and the other coaccused were travelling to Mumbai to deliver the above recovered gold and ornaments and cash currency to the owners namely Ramkrishna Parai and Laxman Parai. 6. Upon further questioning of the applicant and the co-accused Lalmohan Panja and follow up search conducted of a flat situated at Chowk, Lucknow additional gold of foreign origin measuring 7700.000 Grams valued at Rs. 3,69,60,000/- was recovered from a godrej locker/Safe which was in the said flat. 7. It was further informed by the applicant and the co-accused Lalmohan Panja that another locker was at the residence of another co-accused namel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er firm namely M/s. R.L. Jewels (owned by Laxman Chand Parai). The applicant is a goldsmith and also helps his employers in the routine office work. The applicant gets monthly salary and expenses. He is neither the owner of the said cash nor it belonged to him. It was only collected on behalf of his employer. The applicant was travelling with the items and the cash to be handed over to his employers at Mumbai. 13. It is further urged that the seized items and the cash at best belongs to the firms M/s. Ram Laxman & Company and M/s. R.L. Jewels and any amount which may be leviable as tax, penalty or any charges which may be leviable for any violation of the provisions of Section 137 of the Customs Act, 1962, the same can be charged and will be paid and moreover, the alleged offence under Section 137 of the Customs Act, 1962 is punishable upto 7 years and is compoundable under Section 137 of the Customs Act, 1962. 14. It has further been submitted that the DRI had even searched the premises of the employer in Thane in the State of Maharastra on 21.02.2024 and nothing incriminating was found from the said search against the employer. 15. Another search was made by the DRI at the off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d reasons the applicant is entitled to bail and moreso when another co-accused namely Sumit Kumar Rastogi has been granted bail. 22. Shri Digvijay Nath Dubey, learned counsel appearing for the DRI has vehemently opposed the bail application. So far as the facts are concerned, which have been noticed above, there is no dispute regarding the same, except the version of the competing parties. 23. Shri Dubey urged that the applicant was actively engaged in smuggling of golds of foreign origin and while the DRI acted upon specific information and apprehended the applicant and Lalmohan Panja the coaccused, which resulted in the seizure of gold pieces, gold ornaments as well as huge quantity of Indian currency in cash. 24. It has further been urged that the employers of the applicant have not been cooperating and despite summons, they have not appeared to get their statements recorded. In absence of any confirmation, apparently what looks is the fact that the applicant and the co-accused Lalmohan Panja were apprehended with such huge quantity of gold, gold ornaments and cash. No satisfactory answer could be given from where such quantity of cash was received. It has also not been indic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e an employee of the firm and is shown to be an ordinary resident of Mumbai as he usually works in Mumbai. However, no document has been brought on record to indicate that the applicant is an ordinary resident of Mumbai. No identity document, no bank statement, no residence proof, lease document/rent agreement has been filed which could indicate that the applicant is a resident in Mumbai. 31. The bank statements which have been placed on record along with the supplementary affidavit are that of M/s. Ram Laxman & Company and M/s. R.L. Jewels which apparently do not relate to the present applicant. From the said statements, an attempt has been made to indicate that there are certain entries which indicate payment of salary to the applicant. 32. From the perusal of the said statement all that can be seen is that there are certain random entries which is corresponding to the name of the applicant and allegedly the family members of the applicant but insofar as the payment of salary is concerned, there is no statement indicating the consistency and regularity of time and amount which is attached to the payment of salary. 33. The applicant in the memo of bail application has given his ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
