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TMI Blog2024 (11) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the Court concerned and he is in judicial custody since 29.06.2024. 4. The facts as borne out from the record reveals that Directorate of Revenue Intelligence (hereinafter referred to 'DRI') received specific tip and information and acting upon the same, it intercepted two persons namely Lalmohan Panja and Harekrishna Parai, two co-accused, on 20.02.2024 at around 09:20 PM from 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 allegedly of foreign origin valued at Rs. 3,29,25,000/- and cash in Indian Currency worth Rs. 3.28/- Crores is said to have been recovered. It was informed by the two co-accused that they were travelling to Mumbai to deliver the above recovered gold and ornaments and cash currency to its owners namely Laxman Chandra J. Parai (the applicant) and his brother namely Ramkrishna Jaladhar Parai (another co-accused). 5. Upon further questioning and as per information revealed by the two co-accused follow up search was conducted in the office premises, of the applicant and his brother co-accused Ramkrishna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r came to be rejected by this Court by means of the order dated 14.05.2024 passed on four above mentioned separate bail applications. 12. In the aforesaid backdrop the present applicant Laxman Chandra J. Parai has moved the instant regular bail under Section 439 Cr.P.C. 13. Shri Atul Verma, learned counsel for the applicant has urged that the applicant is a respected businessman trading in gold and jewellery. The applicant is a proprietor of firm named and styled as M/s. R.L. Jewels which was formally incorporated in the year 2019, even though the applicant has been an income tax payee since last several years. The firm of the applicant namely M/s. R.L. Jewels is duly registered under the Goods, Service Tax (GST) and it also registered with the Ministry as a Micro, Small and Medium Enterprise (MSME). 14. The submission of the learned counsel for the applicant is that the applicant procures gold and thereafter the same is used for making jewellery and ornaments which is sold across the country to its customers. 15. It is urged that in the regular course of business, the applicant maintains proper books of accounts which inter-alia includes stock register, ledgers which reflects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a bonafide businessman and has ample resources to justify the quantity of gold jewellery as well as gold pieces and the necessary corresponding transactions including payment of GST returns filed by the applicant also corroborates the level of business turnover being done by the applicant. 20. It is further submitted that the allegations in the complaint and in the counter affidavit filed in the instant bail application by the DRI, it does not dispute the genuineness of the bank account statement, GST returns and income-tax returns including the documents relating to the stock register maintained by the applicant and it all points to the business turnover of the applicant and his firm and as such the business dealing of the applicant in respect of gold and jewellery is properly documented and accounted for. 21. However, insofar as the cash component is concerned, the same has been derived from the sale of gold jewellery and the same is claimed by the applicant and his brother, the co-accused Ramkrishna Jaladhar Parai as their own. The cash amount had it not been seized, it would have been deposited by the applicant in the firm account upon which necessary taxes would have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The statements of the employees of the applicant clearly indicates that the gold jewellery has been made from the gold of foreign origin. It is submitted that the two co-accused namely Lalmohan Panja and Harekrishna Parai, they worked for the applicant and his brother. They used to smuggle gold in the country from Nepal and the same is then melted to make gold jewellery and later sold to the customers. This clearly depicts bringing gold of foreign origin in the country and clearly a case under Section 135 of the Customs Act is made out. 27. Shri Dubey has further urged that in terms of Section 135, the burden is on the applicant to disprove that the gold or the ornament with which it has been made is not of foreign origin. It is further submitted that during the investigation and recording of the statements of the co-accused and the applicant it revealed that the applicant, his brother and the another co-accused namely Lalmohan Panja and Harekrishna Parai, Sumit Kumar Rastogi and Abhijeet Manna were in constant touch with each other on mobile phone as referred from the call data and record of the phone calls of the applicants and other co-accused. Apart from being in touch with e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods which may be notified by the Central Government. 35. Taking note of the respective submissions of the parties and the provisions as referred hereinabove, it reveals that the applicant is dealing with sale of gold jewellery through his firm M/s. R.L. Jewels. The said firm is a proprietorship and is duly registered with the GST and MSME. The documents filed by the applicant including his bank statement, income tax returns, GST returns, stock register and other business related documents, prima-facie, indicate that the applicant is a businessman dealing with gold and gold jewellery. The statement given by the applicant also reflects that two persons who were apprehended namely Lalmohan Panja and Harekrishna Parai were the employees of the applicant and his brother. They too gave the statement that the jewellery and the cash belonged to the applicant and his brother. It is also reflected from the records that the flat situate in chowk Lucknow was rented by the brother of the applicant and his firm and was also utilized by the applicant for his business purposes including keeping the gold ornaments. 36. The record further indicates that despite filing various affidavits by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he complaint has already been filed. 41. It is also informed by the learned counsel for the applicant that the co-accused, namely, Ramkrishna Jaladhar Parai had already been enlarged on bail by this Court by means of its order dated 16.10.2024 passed in Criminal Misc. Bail Application No.7983 of 2024 Ramkrishna Jaladhar Parai v. Union of India and the case of the present applicant is most identical to the case co-accused Ramkrishna Jaladhar Parai. 42. Considering the submissions and material on record also considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted including the fact that the applicant is not at flight risk nor it has been apprehended by the DRI that the applicant is in a position to tamper with evidence or influence any witness and that the charge under Section 135 of the Customs Act is yet to be established in trial also noticing the period of incarceration as well as the fact that the personal liberty of the applicant is a precious fundamental right which has to be balanced in the context with the punishment which may finally be awarded upon conclusion of trial, hence, at this stage, without expressin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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