2022 (7) TMI 988

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....dication of this application. Therefore, IA No.9910/2022 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 14.4.2022 in connection with Crime No.INT-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 135(1)(A) and 135(1)(B) 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 bearin....

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....ted. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. The applicant is in custody since 14.4.2022. DRI officers searched his premises on 13.4.2022 and no incriminating material or document was found during the search. On the same day his shop was also searched by the DRI officers but nothing has been found against him. Applicant informed to learned Judicial Magistrate that he was beaten and subjected to inhuman treatment during the police/departmental remand. Learned trial judge has rejected his earlier two applications without considering the facts and circumstances of the case. Applicant's confessional statements were forcefully extracted by the DRI officers. ....

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....gainst him at Central Police Station, Ulhasnagar. Counsel for the respondent has also placed on record a show-cause notice issued to the firm Sai Baba Jewellers in another case. Applicant was actively involved in buying and selling of the smuggled foreign origin gold. If the applicant is released on bail, he will tamper the evidence and create hindrance in the further investigation. Economic offences are very grave offences and have potential to hamper national interest. Hence the bail application filed by the applicant be dismissed. In support of his contention he has placed reliance upon the judgments of the Apex Court passed in the case of Y.S. Jagan Mohan Reddy Vs. CBI (2013) 7 SCC 439, in the case of State of Maharashtra Vs. Champalal ....

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....ssage to present applicant, transcript of which is as under:- The statement of Vinay Chabaria also states about modus operandi and chequered history of the present applicant. Earlier another offence was registered against the present applicant for smuggling of 176 golden coins, therefore, it appears that present applicant is a habitual offender. The Hon'ble Apex Court in the case of Y.S. Jagan Mohan Reddy (supra) has held as under:- "Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy o....