2021 (7) TMI 1148

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....ate of Revenue Intelligence (DRI). 4. The case of the investigating authority i.e. the Directorate of Revenue Intelligence (DRI), Guwahati which is an empowered authority under Section 5 of the Customs Act, 1962, in brief, is as under : - 4.1. A specific information was received on 06.04.2021 to the effect that contraband gold bars of foreign origin were being transported from Imphal to Guwahati in a Maruti 800 car bearing registration no. AS-01/BB-0892. Acting on the above information, the officers of DRI intercepted the said Maruti 800 car near Jorabat Flyover, Guwahati at about 9-00 p.m. on 06.04.2021 in presence of two independent witnesses. Two persons were found as occupants in the said Maruti 800 car so intercepted. On being asked, the two accused persons i.e. the present two petitioners gave their introduction. When asked about carrying contraband gold bars inside the vehicle, both the petitioners had denied. 4.2. As the place of interception was a busy National Highway the DRI personnel decided to take the Maruti 800 car and the petitioners to their office for a thorough checking and accordingly, the petitioners were summoned to accompany them along with the Marut....

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....ed that the 60 nos. of yellow bars were gold of high purity. The said 60 nos. of gold bars were thereafter, weighed by the goldsmith on an electronic weighing machine and the respective weight of each of the 60 nos. of gold bars was incorporated in a weighment sheet. The cumulative weight of all the 60 nos. of gold bars was found to be 9,959.370 grams and was valued at Rs. 4,72,07,414/-. 4.6. The gold bars, 60 in nos., so recovered, the pieces of transparent adhesive tapes and old newspapers, the Maruti 800 car used for concealment and transportation of those gold bars and other articles recovered from the possession of the two petitioners and from the Maruti 800 car were seized vide seizure list under Section 110 of the Customs Act, 1962 as they are believed to be gold imported into India from a foreign country through a route other than the routes specified under Section 7(1) of the Customs Act, 1962 in violation of Section 11 thereof. 4.7. A case being DRI Guwahati's Seizure Case no. 01/CL/IMV/GOLD/DRI/GZU/2021-22 dated 07.04.2021 has been registered after following due formalities. 4.8. The goldsmith cut a small portion from each of the recovered gold bars as represent....

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.... the I.O. so desires; 2. That the accused persons shall not try to influence the witnesses of the case directly or indirectly; and 3. The accused persons shall submit a copy of their Voter Card/Aadhar Card while submitting bail bonds." 7. Learned counsel for the petitioners has submitted that the condition of furnishing bail bond of Rs. 1,00,000/- each is onerous and because of imposition of such onerous condition, the petitioners are still in custody as they have failed to arrange the bailors. He has submitted that the petitioners are poor villagers hailing from the State of Manipur. As they are also not financially sound, they are not in a position to provide cash deposits. As a result, it has become burdensome and onerous for them to abide by those conditions. Considering the status of the petitioners, the amount of bail bond may be reduced, he submits. He has submitted that the position has further aggravated because of the prevailing situation for Covid-19 pandemic. In support of his submission, he has preferred to the decision of the Supreme Court of India in Moti Ram and others vs. State of Madhya Pradesh, reported in (1978) 8 SCC 47. He has also referre....

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....that the two petitioners were arrested in connection with a non-bailable offence and not in connection with a bailable offence. As an Explanation to a statutory provision is relatable to the substantive statutory provision, I find the submission of the learned counsel for the petitioners in that regard is inapplicable to the case of the petitioners.   11. Section 440 of the Code has mentioned about the amount of bond and reduction thereof. Sub-section (1) of Section 440 has provided that the amount of every bond executed under Chapter XXXIII (Provisions as to Bail and Bonds) of the Code shall be fixed with due regard to the circumstances and shall not be excessive. Sub-section (2) of the said Section has further provided that the High Court or the Court of Sessions may direct that the bail required by a police officer or Magistrate be reduced. From a reading of the aforesaid provisions it is discernible that the amount of a bail bond has to be fixed with regard to the circumstances of the case and at the same time, it is to be kept in mind that such amount is not excessive. The High Court or the Court of Sessions has been given the discretion to reduce the amount of bond bu....