2020 (9) TMI 953

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....o Conferencing. Shri Chandan Airen, learned counsel for the non-applicant is present in person through Video Conferencing. Heard. This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant - Rajesh Neema S/o Kachrumal Neema is implicated in Crime No.06/2020 registered at Police Station - DRI Zonal Unit, District Indore for the offence punishable under Sections 135....

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....s infact imported gold and therefore, there is breach of Section 135(1)(b) of the Customs Act, 1962. Learned counsel for the non-applicant submits that on the basis of report of goldsmith, it was found that seized gold was imported and smuggled gold and action has been taken by the Customs Department. He seeks to file copy of orders of the Coordinate Bench and citations in support of his submis....

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....ment of second accused person, involvement of third accused person was revealed. The fourth accused was employee of a company which used to collect smuggled gold from the accused. The bail application pertaining to seventh accused was considered. The objection was to the effect that seventh accused had earlier also smuggled gold on four occasions. The Court found that no gold has been seized from ....

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....135 of the Customs Act which is punishable is only for 5 years of imprisonment and therefore, bail be granted to the applicant. Considered. It is true that no gold has been seized from the possession of the applicant, as per own admissions made by the counsel for the non-applicant, as investigation in respect of applicant has already been completed hence, in view of such situation, the bail app....