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TMI Blog1988 (11) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... pted about ten Omani Nationals on their arrival from Muscat by Gulf Air Flight. By that time they had cleared themselves through Customs in the Green Channel giving "Nil" declaration. Each of them was individually questioned before the independent witnesses as to whether they were carrying any contraband articles or gold and the answer was in the emphatic negative. However the said Customs Officers had their own suspicion which proved to be fully justified and the personal search of those persons was effected in the presence of independent persons. Each of them was surprisingly carrying certain gold bars of foreign markings total being 109 gold bars totally weighing 12,709.40 grams valued at Rs. 24,27,495.40 ps. in the International Market ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned Additional Chief Metropolitan Magistrate on 31st and were remanded up to 14th of November 1988. They have now been further remanded up to 25th of November 1988. Prayer for bail was obviously rejected. 6. It is now in the next round of litigation that the identical prayer of bail is made on behalf of the petitioners. 7. Shri Gupte, the Learned Counsel for the petitioners, mainly contended that apart from all other deficiencies in the procedure the fact remains that this cannot be said to be a case of conspiracy since even the statement of each of the accused under Section 108 of the Customs Act does not even inferentially spell out any conspiracy since each of them was making trip for Bombay for the sale of gold for the first tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eigners having no roots in India are very much likely to abscond the moment the bail is granted and the Department has also to examine several other angles because on the ramification of a conspiracy which normally extends its roots at different places. It is submitted that apparently it is a serious offence and even in the matter of grant of bail certain features cannot be overlooked including the apprehension of the Department that the petitioners on getting enlarged on bail are likely to tamper with the evidence and the witnesses who might be stationed in Bombay. 9. It is true that in so far as the statements are concerned, though they admit their prior visits to this city there is no clear admission as such that in all those previous v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocal market because it is only on account of the assistance of the purchasers that there is encouragement to bring gold in the country. This submission is fully supported by the affidavit filed by one Shri P. Meena who is an Intelligence Officer of the Customs Department posted at Sahar Air Port. The said affidavit does make out at least a prima facie case that some crucial investigation is required to be done and if the petitioners are enlarged on bail it would obviously hamper the same but since the petitioners had visited this city on some prior occasions and had resided in certain hotel obviously, some aspect will have to be investigated into so as to collect formidable clues which may change the complexion of the entire situation. In m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collecting clues and investigating all the features would practically become nullify in so far as nabbing of the culprits is concerned. Shri George, the learned Senior Counsel for the Department, submits which equal justification that the experience in this field qua the Foreign Nationals is not quite happy though on the contrary the experience for reaching a reasonable and justifiable conclusion reinforcing the apprehension of the Department is that in many of such cases of Foreign Nationals the abscondence after getting enlarged on bail has become a normal routine whereas it is only an exception that the abscondence is absent. 12. About 109 Gold Bars were found worth several lakhs of rupees and those were obviously being smuggled in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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