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TMI Blog2024 (11) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... i Vivek Singh, learned counsel for the applicant as well as Shri Krishna Agarwal, learned counsel for the opposite party and perused the record. 3. As per the prosecution version, the Officers of D.R.I., NOIDA on information intercepted a Car bearing registration No. UP15CR-2343 at the entrance of Kashi Toll Plaza on Delhi-Meerut Expressway on 15.6.2024 in the night which was occupied by two persons. The person, who was driving the vehicle introduced himself as Naman Jain whereas the another person sitting in the Car introduced himself as Anil Kumar Yadav, the present accused / applicant. They were brought to the D.R.I. Office at NOIDA Regional Unit, G-10, Sector 63 NOIDA and on their search and that of the vehicle two backpacks were found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found to have any kind of mark attached to the smuggled gold nor has it been proved by the Investigator that the said gold was brought into India by smuggling. It is also submitted that co-accused Naman Jain has claimed his ownership over the entire case property and applicant is only an employee of Naman Jain. It is further submitted that the value of the gold recovered from the possession of the applicant is Rs. 73,78,617/- only and the offence is non-cognizable in respect of such amount. The alleged recovery of gold is nothing but a false and concocted story of the prosecution. It is also submitted that as a matter of fact no smuggled gold was recovered from his possession, as alleged by the prosecution. It is also submitted that the inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms-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, no prosecution may be launched against the applicant and also arrest in respect of an offence under the Customs Act should be affected only in exceptional situations. It is also submitted that the applicant has been languishing in jail since 17.6.2024. It is lastly submitted that in the fact and circumstances of the case and in view of the specific rules and law the accused applicant is entitled for bail and in case he is released on bail, he will not misuse the liberty and is ready to cooperate in the trial. In support of his submissions, learned counsel for the applicant has place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld from both the accused is Rs. 73,78,617/- each. It is further submitted that no plausible explanation has been offered by the applicant in respect of his possession over the illegal gold. It is also submitted that on the basis of cogent information, the accused applicant was intercepted and he was found involved in smuggling of illegal gold of huge quantity by a car which belongs to the co-accused. It is also submitted that the prosecution has been launched against the applicant after complying with all the statutory provisions and there is no possibility of false implication of the accused applicant at this stage and he had been acting as a carrier of the smuggled gold. It is also submitted that the purpose and object of the Customs Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iii). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (iv). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (v). The applicant shall not indulge in any criminal and anti-social activity. (vi). The applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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