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TMI Blog2024 (9) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as Shri Dhananjay Awasthi, learned counsel for the opposite party / department and perused the record. 3. The prosecution story, as culled out from the record, is that the Officers of D.R.I., NOIDA on an information intercepted the present accused applicant in respect of smuggled golden bars, who was travelling in Train No.12559 (Shiv Ganga Express) at New Delhi Railway Station on 25.6.2024 at 9.00 hrs. and he was brought to the D.R.I. Office at NOIDA and on search of his bag, one rectangular shaped cardboard box containing (i) yellow colour metal jewellery, weighing 86.30 grams, and (ii) yellow colour metal snippets, weighing 20.409 grams, (total weight 106.7 grams) and on his personal search (i) yellow colour metal jewellery, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld rather it has been claimed by Sukhvinder Singh and he also produced proper documents to show his legal claim over the gold in question as mentioned in the complaint filed by the department itself and the genuineness of the same is to be settled on the merits of the case at proper stage. Notices have been issued to both of them by the department but they have not been arrayed as accused so far. It also argued by the learned counsel for the appellant that in view of the Circular No. 13/22-Customs, F. No. CBIC-21/209/2022-INV-Customs-CBEC, dated 16.8.2022 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes & Customs, New Delhi if the offence remains to be non-bailable, it may not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . No document pertaining to the procurement / import was available with the accused applicant in respect of the said recovered gold. On enquiry he informed that the recovered gold bars / pieces/ jewellery were manufactured by melting smuggled Foreign Origin Gold. He further confessed that the gold was handed over to him by one Manoj Kumar on 24.6.2024 at Varanasi for onward delivery to one Sukhvinder Singh, Proprietor of M/s S.H. Jewellers, at Amritsar. The recovery was made in the presence of Senior Intelligence Office, whose name has been duly mentioned in the panchnama. Accused applicant was the carrier of the said Foreign Origin Gold, as he himself confessed. He was found to be actively involved in carrying and transporting the said gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y way adversely affect the trial, no criminal antecedent to the credit of the applicant, the applicant is in jail since 25.6.2024, without further commenting upon the merits of the case, I am of the opinion that the applicant has made out a case for bail. 9. Accordingly, the bail application of the accused-applicant is allowed. 10. Let the applicant - Mohinder Singh involved in Case No. 31 of 2024 under Sections 135(1)(a), 135(1)(b), 135(1)(i)(a) of Customs Duty Act, 1962, Police Station D.R.I. NOIDA, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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