Court Grants Bail for Foreign Gold Smuggling Case; Conditions Include Compliance, No Evidence Tampering, No Travel. The bail application under s. 135(1)(a) and 135(1)(b) of the Customs Act, 1962, was granted by the court for applicants involved in possessing foreign ...
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Court Grants Bail for Foreign Gold Smuggling Case; Conditions Include Compliance, No Evidence Tampering, No Travel.
The bail application under s. 135(1)(a) and 135(1)(b) of the Customs Act, 1962, was granted by the court for applicants involved in possessing foreign origin gold without paying customs duty. Despite opposition from D.R.I. counsel, the court considered the applicants' lack of criminal history, cooperation, and time spent in custody. Bail was granted with conditions, including furnishing a personal bond, sureties, and compliance with specific terms such as not tampering with evidence or leaving the country. Violation of conditions could result in bail cancellation upon the prosecution's request.
Issues involved: Bail application u/s 135(1)(a) & 135(1)(b) of Customs Act, 1962 for possession of foreign origin gold without paying custom duty.
Summary: The bail application was filed for the release of the applicants involved in possessing foreign origin gold without paying custom duty. The gold was seized by D.R.I. authorities during transportation from Delhi to Meerut. The applicants were found with 1 kg & 995 gms of gold bearing foreign seals and some jewelry. The offences u/s 135(1)(a) & 135(1)(b) of the Customs Act are punishable with 7 years imprisonment. The value of the gold recovered was assessed at Rs.2,07,70,904/-. The applicants, employees of M/s Sagar Goel, had no criminal antecedents and cooperated with the authorities. The bail application was opposed by the D.R.I. counsel, stating lack of documentation for the gold's origin.
Considering the circumstances, submissions, and the period applicants spent in jail, the Court granted bail to the applicants - Rinku Gupta, Tushar Gupta & Harshabh Maheshwari. They were ordered to furnish a personal bond and two sureties each. The conditions included not tampering with evidence, appearing in court, refraining from pressurizing witnesses, not leaving the country, and complying with other specified terms. Breach of conditions could lead to bail cancellation upon prosecution's application.
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