2020 (7) TMI 147

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....I/VIII/48/ENQ-01/INT-03/2020 on 20.02.2020 at 11.45 P.M., for alleged offences under sections 133 and 135 of the Customs Act, 1962 as amended in connection with the alleged seizure of gold and produced and remanded to judicial custody on 21/02/2020 in RR.No.6/2020 on the file of Additional Chief Metropolitan Magistrate for Economic Offences -I at Egmore, Chennai on the file of the respondent police, seek bail. 2. The case of the prosecution is that the respondent issued arrest memo under section 50 of Cr. P.C and Article 22 (1) of the Constitution stating that "the respondent have reasons to believe that the petitioners have committed an offence punishable under the provisions of section 133 and section 135 of the Customs Act, 1962, in res....

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....st the value to more than Rupees one crore to enable them to arrest under subsection(i) of section 135 of the Customs Act, 1962, the respondent has pooled together the gold brought by several other passengers under one case which is not permissible under law and is contra to section 77 of the Customs Act, 1962 and each passenger has to declare separately what are the goods brought by them separately and pay Customs Duty if any, the petitioners are not responsible for the goods brought by any other passenger and their non-declaration or mis-declaration and its nature of goods.   5. The learned Special Public Prosecutor filed counter and submitted that that based on specific intelligence Directorate of Revenue Intelligence, Chennai Zona....

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.... to the Department for smuggling gold from abroad into India through Chennai Airport by concealing them in their rectum. In pursuance of this conspiratorial arrangement, the operators based abroad would hand over the gold in paste form in packed condition to the passengers who in turn would conceal them in their rectum. The operators would take photographs of these passengers and send them to Ameer Ali through WhatsApp who in turn would send them to the Accused A1 who being an ex-employee of Customs and having extensive knowledge of the working of the Customs officers posted in Chennai Airport in Batch duty, approached Accused 2 and Accused 3, Preventive officer of Customs currently posted and working as Air Customs Officers at Chennai Airp....