9911796707
TMI Blog2024 (9) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... in connection with Economic (DRI) Case No. 22(O) of 2024, arising out of Unit Case No. 31 of 2023-24, FIR dated 08.03.2024, registered for the offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962. 3. According to the prosecution case, after receiving confidential information, the officers of Directorate of Revenue Intelligence (DRI), Patna intercepted a Hyundai CRETA car bearing registration no. WB-02AM-4919 on 08.03.2024 at Kolkata-Delhi highway and three persons (petitioners) were found sitting in the said car and upon further interrogation they admitted that they were carrying gold bullions and cut pieces of gold bullions of foreign origin gold, which were smuggled from Bangladesh into India. It is furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and ten only) and Rs. 1040/- (Rupees one thousand and forty only) respectively, and it appears from the seizure list itself that the seized gold has not been recovered from the conscious possession of the petitioners and actually the alleged seized gold has been recovered from the secret cavity underneath the seat next to driver's seat from the alleged Hyundai CRETA car and it is an admitted fact that the petitioners are not the owner of the car in question. He further submits that from perusal of the FIR, it appears that two seizure lists have been prepared by the custom officials. The first seizure list was prepared on the spot at 12:35 AM, which relates to personal search of the petitioners, wherein no incriminating articles were reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umber WB-02AM-4919, we were caught by the custom officials in Gaya district, Bihar on 08.03.2024 and immediately our mobile phones were seized. (b) That about 6-7 people of the customs department stopped our car and immediately blindfolded and made us sit in their car, when we tried to ask, they started threatening with encounter due to which we did not say anything due to fear. Custom Officers assaulted us in the car and told them to do exactly as they say. After about 2 hours, when blindfold was removed, we came to know that we were in the office of the Custom Officer in Patna and we were arrested in Patna. It was told that foreign gold was found in the car in which they were sitting. (c) That the customs official brought some compu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakh fifty-eight thousand five hundred and seventy one only) were recovered from the secret cavity of the car which was driven by the similarly situated co-accused persons. He has also relied upon the order dated 27.08.2024 passed in Cr. Misc. No. 56899 of 2024 in the case of Deepak Kumar & Anr. v. The Union of India. 9. Learned counsel for the petitioner submits that gold was recovered from the vehicle in question, which is liable to confiscation under Section 111 of Customs Act and as per Section 125 of the Customs Act, the authority may levy fine in lieu of confiscation and it appears from the provisions of Section 11 of Customs Act, gold in not prohibited goods, but it is restricted goods and as per Section 125 of Customs Act, in lieu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation of foreign origin smuggled gold for the last one month and they were knowing that transportation of smuggled foreign origin gold is a legal offence and he has also relied upon the judgment and order dated 21.03.2024 passed in Misc. Appeal No. 528 of 2022. 11. Considering the aforesaid facts and circumstances and mainly the facts that petitioners have clean antecedent, nothing has been recovered from the conscious possession of the petitioners, rather the recovery have been made from the vehicle in question and the nature of allegation levelled against the petitioners in the FIR as well as the petitioners' period of custody, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
