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TMI Blog2024 (1) TMI 1321X X X X Extracts X X X X X X X X Extracts X X X X ..... mar, Adv ORDER Heard Sr. learned counsel for the petitioners and learned Sr. counsel appearing on behalf of he D.R.I. . 2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 135 (i)(a) and 135 (1)(b) of the Customs Act. 3. As per allegation in the FIR, on getting specific information regarding smuggling of foreign origin gold from Bangladesh, both the petitioners were apprehended from Duranto Express at Patna Railway Junction by the police. On enquiry, both the accused admitted about smuggled foreign origin gold bullion with them. On search, the said smuggled items were recovered from their waist, kept hidden in their waistband for which they could not produce any valid documents regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase. Whole story made by the DRI is fictitious and entirely based on presumption and pre-determined notions, which is evident from Arrest Order and Grounds of Arrest. 5. The seizure list prepared by the DRI, does not mention about any marking, number of the name of the mint of the gold bars from which it could be deciphered or believed that the Gold, which has been seized are of foreign origin or the smuggled one. Thus, the said gold bars is of foreign origin or smuggled in to India are liable for confiscation under Section 111 of the Customs Act, 1962 for seizure of Gold bars under Section 110 of the said Act is without any material basis. The ground for proceeding against the accused persons in the instant matter is without any basis and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... caught by the officers of DRI, Patna and seized the said foreign origin gold bullions weighing 12577.100 grams, which was recovered from their possession. They also accepted that the recovered items are of foreign origin and smuggled gold bullions, which were being transported from Bangladesh to Hawrah (India) and thereafter from Hawrah to Delhi through off-rout. 9. Taking a lenient view in cases involving huge quantity of smuggled gold will be detrimental to the steps taken by Govt. of India in its fight against Black money as these activities are not only funded by them but the proceeds are also used to generate more black money. 10. Further, as per Section 102 of the Customs Act, "When any officer of customs is about to search any per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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