2021 (7) TMI 1155

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.... Hardik Modh, learned counsel with Shri V.V.Jain, Advocate for the applicant in M.Cr.C.No.29664/2021. Shri Amit Seth, learned counsel for the respondent. Shri Sandeep Patel, Investigating Officer from the Directorate of Revenue Intelligence, Bhopal is also present through video conferencing. Heard through video conferencing. Case diary perused. These are first applications filed by the applicants (accused) under Section 439 Cr.P.C. for grant of bail. The applicants are in custody for the offence punishable under Sections 104 and 135 of the Customs Act registered with the Directorate of Revenue Intelligence, Bhopal, District Bhopal, in Crime No.I.N.T.13/E.N.Q9/2021. The allegation in the present case is that on 24.5.2020 a Maruti Swift....

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....ese bars were brought for supplying it to Vaibhav Jain. He has also submitted that since the offence under section 135 of the Customs Act is punishable with sentence of 7 years or less, therefore, the applicant is entitled to the benefit of judgment of the Supreme Court in the matter of Arnesh Kumar Vs. State of Bihar, reported in (2014)8 SCC 273 and Arnab Goswami Vs. State of Maharashtra and others, reported in (2021)2 SCC 427. He has also submitted that in view of the judgment in the case of Om Prakash and another Vs. Union of India and another, reported in (2011)14 SCC 1, the offence under the Customs Act is a bailable offence. He has referred to paragraphs 64 to 68 of the judgment and has also submitted that even after the amendment of ....

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....atter of Anob T.R. Vs. Union of India, reported in 2021 (375) E.L.T. 176 (Ker.) and has submitted that anticipatory bail was granted in similar case of seizure of the gold bars. Shri Seth, learned counsel for the respondent opposing the prayer has submitted that the explanation which is furnished by the applicant is not acceptable and that the statements recorded under section 108 of the Customs Act stand on different footing. He has also submitted that submission of the GST invoices of Saheli Jewellers is not of any consequence and irrelevant because it is a case of seizure of swiss gold bars, which is a prohibited smuggled item. He has also placed reliance upon the Division Bench order of the Gujarat High Court in the matter of Sundeep ....