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TMI Blog2025 (5) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... d. CMM, Patiala House Courts, New Delhi. 2. Briefly stated, the case of the Petitioner/DRI is that there was a recovery and seizure of 66.400 kg. smuggled gold, having a total market value of Rs.33,21,72,640/-. On 19.11.2020, acting on the intelligence, Petitioner/DRI, DZU had mounted surveillance along with two independent witnesses, at Thiriya Khetal Toll Plaza at Bareilly-Moradabad road from around 7:00 am. At around 7:45 am, a Truck of make Ashok Leyland bearing Registration No. PB03-BD-8624, was stopped before the Toll Barrier at Bareilly-Moradabad road. Two persons occupying the said Truck, who were identified as Ajay Kumar and Gurucharan Singh, stated that they had come from Guwahati via Bareilly. The Truck and the two persons were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommodation Bill dated 16.11.2020 of Priya Guest House, were recovered. 4. On systemic examination of the Truck, it was found that it was loaded with household items such as kitchen utensils, old furniture etc. As per the Permit produced by Yadwinder Singh, the Truck was owned by M/s V.S. Transport, H. No. 270, Block-E, Shitla Colony, Gurgaon, Haryana. Further search was conducted and 200 pieces of yellow metal, which was identified as Gold bars with the purity of 995, were recovered from the fuel tank of the said Truck. The value of the confiscated material as per the Notification dated 13.11.2020 of the Customs, was found to be Rs. 15,05,47,392/- while the market value was assessed as Rs. 16,60,86,320/-. 5. The Statements of all the five ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused persons were punishable under Section 132 and 135 of the Act and they were arrested on 20.11.2020. Bail has been granted to the Respondent-Khushant Nagpal on 14.12.2020. 9. Petitioner/DRI aggrieved by the grant of bail, has filed it by way of present Petition, essentially on the ground that the bail has been granted on the basis of the young age of the Respondent-Khushant Nagpal. The Ld. CMM has considered the age of the Respondent-Khushant Nagpal being 20 years and the also ill-effect of being confined to jail. However, the gravity of the offence has been overlooked and it has also been ignored that he was an active accomplice in the commission of the offence, as is brought forth from his Statement and of the other co-accused u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s). 15. Furthermore, the cancellation has not been sought on the ground of violation of any of condition of Bail. In fact, no condition of Bail has been violated. There is no material to show that Respondent-Khushant Nagpal is likely to commit the offence while on Bail. In the absence of such allegations, material on record, the Petition for cancellation of Bail ought to be dismissed. 16. Reliance has been placed on Superintendent of Customs v. Ahammed Kabir, 2019 SCC OnLine Ker 4696, Kweon Mihwa vs. Senior Intelligence Officer, DRI, Chennai, Crl. Rc. No. 468 of 2019, Madras High Court (decided on 19.06.2019), Directorate of Enforcement v. Ratul Puri, 2020 SCC OnLine Del 97 and Union of India through Additional Commissioner vs. Subhash s/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the co-accused as well as of the Respondent-Khushant Nagpal that he had been asked to be the Helper cum Driver (Khalasi) in one of the truck. Since he was a young boy of 20 years and was getting an opportunity of learning how to drive a Truck in addition to money, he agreed and accompanied the other co-accused in the Truck, from which 33.20 Kg. of Gold was recovered. 23. It has been explained by Respondent-Khushant Nagpal that he is young boy of 20 years who had been brought up by his Maternal Aunt Smt. Lucky Satija (Mausi) and her husband Mr. Ajay Kumar (Mausa). It was Smt. Lucky Satija who asked him to accompany the Truck, while Ajay Kumar subsequently joined the other co-accused to bring back the Trucks to Bareilly. Essentially, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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