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HC granted bail in a currency and gold smuggling case under Customs Act 1962, FEMA 1999, and FEMR 2000. While DRI intercepted accused at airport and recorded conversations with co-accused, prosecution lacked strong evidence linking conversations to specific transactions. Court emphasized that confessional statements u/s 108 of Customs Act, though admissible, require independent corroboration for conviction. Considering accused's clean criminal record, jail time since arrest, and undertaking to cooperate with trial, HC allowed bail application. Court noted need to examine whether seized gold falls under prohibited or restricted category during trial. Bail granted with conditions preventing evidence tampering and witness intimidation.
HC granted bail in a currency and gold smuggling case under Customs Act 1962, FEMA 1999, and FEMR 2000. While DRI intercepted accused at airport and recorded conversations with co-accused, prosecution lacked strong evidence linking conversations to specific transactions. Court emphasized that confessional statements u/s 108 of Customs Act, though admissible, require independent corroboration for conviction. Considering accused's clean criminal record, jail time since arrest, and undertaking to cooperate with trial, HC allowed bail application. Court noted need to examine whether seized gold falls under prohibited or restricted category during trial. Bail granted with conditions preventing evidence tampering and witness intimidation.
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