2022 (7) TMI 933

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....n. Therefore, IA No.9922/2022 is allowed and documents are taken on record. Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 13.4.2022 in connection with Crime No.28 of 2022 registered at Police Station through Directorate of Revenue Intelligence, Indore (M.P.) and Superintendent of Customs, Office of Commissioner of Customs, Indore (M.P.) for commission of offence punishable under Section 104 and 135 of the Customs Act, 1962. As per the prosecution story, investigating authority got discreet information from the intelligence. Acting upon the said information investigating authority intercepted the vehicle bearing Registration No. MP07-CK-8887 near the So....

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....contended that applicant is innocent and he has been falsely implicated in this matter. The applicant is in custody since 13.4.2022. He is a driver and travelled to Ulhas Nagar at Mumbai with the other co-accused persons under the direction of coaccused Vaibhav Jain without having any knowledge that co-accused persons are involved in the activity of smuggling of gold. He cooperated in the investigation and appeared before the investigating agency, therefore, his statement was recorded. Investigation is over and charge sheet has been filed. The complaint filed by the complainant is without approval of the appropriate authority as required under Section 137(1) of the Customs Act. Offence is triable by the Judicial Magistrate First Class and m....

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....ungani Vs. Union of India, 2017 (352) ELT 433 (Ker.) and in the case of Collector of Customs, Madras and others Vs. D. Bhoormull, 1983(13) ELT 1546 (SC). Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that DRI officials have seized 3 kg gold bars worth Rs.1,58,20,500/- from the conscious possession of the present applicant and other three co-accused persons. During the search DRI officials found 3 yellow metal bars wrapped in papers from the specially built cavity under the seat adjacent to the Driver seat. Present applicant and other co-accused persons have admitted in their statements under Section 108 of the Customs Act that they ....