2021 (5) TMI 128 - HC - Customs

Customs Offence Bail Granted Despite Seriousness: Nuanced Approach in Gold Smuggling Case

The court granted bail to the applicant in a customs offence case involving gold smuggling, despite the seriousness of the offence and the value of the ... Bail application - Smuggling - Gold - value of gold is more than one Crore rupees - non-bailable offence or not - HELD THAT:- Taking into consideration the fact that, Mr. Penkar and Mr. Zamane have been enlarged on bail by the Learned Magistrate, and upon taking into consideration the value of the gold which was seized on 7th December 2019 the applicant, in the facts of the case, also deserves to be enlarged on bail upon imposing certain conditions. Application allowed. Issues Involved:Application under section 439 of Cr.P.C for offences under Customs Act, 1962 - Bail granted with conditions.Analysis:The judgment pertains to an application under section 439 of the Criminal Procedure Code (Cr.P.C) concerning the arrest of the applicant on 11th March 2021 for offences under section 131(1)(a)(b) and 135(1)(I)(A) of the Customs Act, 1962. The case revolves around the smuggling of gold, initially seized from Mr. Zuhair Penkar at Pune International Airport in December 2019. The gold was valued at Rs. 74,41,203, leading to Mr. Penkar being liable under section 111 of the Customs Act, 1962. Subsequent statements by Mr. Penkar revealed involvement of other individuals, including the present applicant, Mr. Amin Ayub Khan Deshmukh, and Mr. Abdul Rab Zamane. However, in a later statement, Mr. Penkar claimed the gold belonged to Mr. Mohammed Farhan, implicating the applicant and Mr. Zamane due to fear. The prosecution alleged that the applicant was part of a gold smuggling syndicate from Dubai, involving multiple instances of smuggling. The applicant's voluntary statement indicated his trading of garments with Mr. Farhan, denying knowledge of the gold transaction involving Mr. Penkar. The defense argued lack of involvement and knowledge on the part of the applicant, emphasizing his non-arrest during an earlier statement recording. The respondent contended the seriousness of the offence due to the value of smuggled gold exceeding one crore rupees, justifying the applicant's arrest. Despite bail granted to Mr. Penkar and Mr. Zamane, the court considered the applicant's case and granted bail with conditions, including a personal recognizance bond, sureties, surrendering passport, reporting to Customs office, and restrictions on leaving Maharashtra without court permission.This judgment delves into the complexities of a bail application in a customs offence case involving gold smuggling. The court meticulously analyzed the statements of the accused, the alleged syndicate's operations, and the applicant's purported role in the smuggling activities. The defense's arguments regarding the applicant's innocence and lack of knowledge were weighed against the prosecution's contentions of a larger smuggling network. The court balanced the seriousness of the offence, considering the value of the smuggled gold and the involvement of multiple individuals. Ultimately, the court exercised discretion in granting bail to the applicant, acknowledging the specific circumstances of the case and imposing stringent conditions to ensure compliance and prevent flight risk. The judgment underscores the importance of evidence, statements, and the gravity of the offence in determining bail applications in customs-related cases, emphasizing the need for a nuanced approach to balancing individual rights and law enforcement interests.