9911796707
TMI Blog2024 (9) TMI 714X X X X Extracts X X X X X X X X Extracts X X X X ..... 2021, registered at Police Station Commissioner of Customs, District Indore (M.P.) for the offence punishable under Sections 135(1)(b), 135(1)(i)(A) of Customs Act. 2. Prosecution story in brief is that, respondent No. 2 Commissioner of Customs has filed a complaint against the applicant and co-accused persons under Section 135 of the Customs Act before the Special Judicial Magistrate, Indore stating that the applicant is the mastermind behind the smuggling of 5 Kgs of gold and brought from Mumbai by vehicle bearing Regsitration No. MP04 CS 1620 which was registered in the name of his brother Shri Gourav Garg. It is alleged that the applicant 5 kgs gold was seized from Harnam Singh Dangi, Suraj Sharma & Rajkumar sitting in the car bearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate and in which punishment of less than seven years is given and when during the invetigation, the prosecution does not seek custody of the accused, after the Court has taken cognizance, there is no need to arrest. 4. To bolster her contentions, counsel for the appellant has placed reliance in the case of Tarsem Lal Vs. Directorate of Enforcement reported in 2024 SCC OnLine SC 971, whereby it has been held that after taking congnizance of the offence by the Special Court, the officers and other authorities under the provisions of Prevention of Money Laundering Act, cannot exercise the powers of arrest of the accused persons. The applicant is having no role in the offence and vehicle was registered in the name of brother of the applicant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al antecedents, he cannot be debarred to get the benefit of statutory provisions of anticipatory bail. 7. Heard learned counsel for both the parties and perused the case diary. 8. Certainly, in this case, the vehicle used in the crime, was in the name of applicant's brother Gourav Garg, only on the basis of that ground, the gravity of the offence cannot be mitigated. Actually, as per the allegation made in the case diary, there are evidence wherein allegations of committing offence, are prima facie emerging against the applicant. 9. So far as the law laid down in the case of Tarsem Lal (supra) is concerned, since the applicant has not cooperated in the investigation proceeding then he cannot be given any benefit in view of the law la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sely implicated or a frivolous case is launched against him or "there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail" that such power may be exercised. Thus, the power is `unusual in nature' and is entrusted only to the higher echelons of judicial service, i.e. a Court of Session and a High Court." 11. Further, the Hon'ble Apex Court in the case of Jai Prakash Singh vs. State of Bihar and others [2012 (4) SCC 379] while canceling the anticipatory bail of the applicant therein so granted concerned High Court, has clearly observed that:- "13.....The anticipatory bail being an extraordinary privilege should be granted only in exceptional ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
