2015 (7) TMI 1086

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tant petition that Officers of Directorate of Revenue Intelligence, Delhi Zone Unit, New Delhi had recovered and seized six Gold bars of 999.9 purity collectively weighing 6 Kg. from respondent no.1 who arrived at Terminal-3 of IGI Airport, New Delhi from Hong-Kong by Cathay Pacific Flight CX-695 on 10.06.2015 at 20.55 hours along with respondent no. 2. Their respective statements under Section 108 of the Customs Act, 1962 were recorded on 11.06.2015, wherein they admitted that they have brought these six Gold bars of 1 Kg. each concealing inside the four packets of fake mobile phones / power banks for the purpose of smuggling through green channel without declaring the same to the custom authorities. Thereafter, both the respondents have f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ter serving notice upon the respondents. In the meanwhile, respondents preferred an application being Crl. M.A. No. 9399/2015 seeking eviction of the stay order dated 30.06.2015 granted by this Court. Thereafter, reply to that application has been filed by the petitioner. With the consent of the counsels for the parties, the matter is taken up for final disposal. 3. Mr. Satish Aggarwala, learned counsel appearing on behalf of the petitioner/Department, while referring to his reply submits that the Department has assured this Court expeditious conclusion of the enquiry/investigation, filing of the complaint and producing prosecution witnesses on day to day basis. No adjournment shall be sought by the prosecution. Moreover, the respondents h....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sheet, right from 17-2-1986 onwards, it is abundantly clear that the delay in the trial of the case against the petitioner has mostly been caused due to the conduct of the defense. In that view of the matter and in the light of the reasons given by the learned A.C.M.M. for refusing bail, we are of the opinion that the petitioner cannot be granted bail." 5. Learned counsel further submitted that gold is a prohibited item. Gold cannot be imported without the permission of the Reserve Bank of India and the Central Government. The respondents are foreign nationals. They are not Indian nationals and does not come under the definition of „eligible passenger‟ as per notification No.3/2012-Customs dated 16.01.2012. Therefore, smuggling....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to import. The gold is not banned to be imported in India, but it comes under the restricted items which can be imported only with certain conditions and under policy which is obviously not available to the respondents. Therefore, no doubt, the seized goods are liable for confiscation, penalty and to be dealt under the Customs Act. By granting bail, the learned trial court has not discharged the respondents from the case. Simply because they are foreigners cannot be kept detained in judicial custody if they are entitled to be released on bail. 10. Mr. Aggarwala heavily relied upon the decision of this Court in the case of Robert Lendi (supra). The said case relates to the year 1987. In those days, import and export policies were not liber....