TaxTMI 
TaxTMI 
2019 (7) TMI 1683
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....135 (1) of the Customs Act. 2. The prosecution allegation can be briefly stated thus: The first and the second accused landed in the International Air Port, Thiruvananthapuram, on 13.05.2019 at about 7.45 a.m. from Dubai. On getting prior information, the DRI officials made surveillance at the airport and accordingly, the first and the second accused were intercepted. In the search, the first accused was found in possession of 25 kg of gold and the second accused was found in possession of a declaration submitted by the second accused at the Dubai Air Port stating that she was carrying 24 kg of gold. The first and the second accused were questioned and their statements were recorded. From the statements of the first and the second accused....
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....of the learned Magistrate, when the DRI officials produced A7 before the learned Magistrate at his residence, and that was the reason why the application filed by A7 is opposed by the DRI officials. The learned Public Prosecutor has submitted that he has no information with regard to the above said submission made by the learned Counsel for the seventh accused. 8. It has been fairly conceded by the learned Public Prosecutor that there is absolutely no material to connect the third accused with the commission of the offence in this case, even though there are statements to the effect that A3 had indulged in smuggling activities on previous occasions. It appears that even though A3 was not involved in the offence alleged in this case, A3 was....
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....as the 3rd accused is the wife of the seventh accused, cannot be viewed lightly. It appears that no gold was seized from the seventh accused. The gold in this case was seized from the first accused. It is alleged that the first accused smuggled gold on nine occasions. Even then the prosecution has no serious objection in releasing the first accused on bail. However, the prosecution opposes the application of the seventh accused, who allegedly smuggled the gold on four occasions, stating that he introduced people to the smuggling gang. It appears that the third accused, who was not involved in the above crime, was arrested and detained in custody without any justification. No crime was also registered against the third accused, in connection....