2022 (11) TMI 516

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....non applicants but the seal could not be put. It is a normal error. Therefore, IA No.13004/2022 is allowed and putting of seal on the Vakalatnama is hereby dispensed with. ORDER 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.28/2022 registered at Police Station - DRI/Customs for commission of offence punishable under Section 135 of the Customs Act. 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 Sonway Toll Plaza, Indore on 24.4.2022.....

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....ant is innocent and he has been falsely implicated in this matter. The applicant is in custody since 13.4.2022. Investigation has been completed and the charge sheet/complaint has been filed before the trial Court. Applicant has rendered full cooperation to the respondents in the investigation and the DRI has completed the investigation. Final conclusion of trial will take a long sufficient time. There is no legal evidence to connect the present applicant with the aforementioned offence. The applicant is engaged in the business of purchase of gold and making of jewellery. The matter relates to civil in nature and there is no criminality. Offence is punishable below the 7 years imprisonment. Applicant has purchased the gold within the territ....

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....cant be dismissed. Perused the case diary and documents filed by both the parties. 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 the applicant Vaibhav Jain along with Vishal Jain both of them bought 3 golden bars from co-accused Mukesh Valecha in lieu of cash of Rs.1,56,60,000/- without any invoice, which was allegedly recovered by DRI officers from the possession of the present applicant Vaibhav Jain, co-accused Vishal Jain, Dheeraj and Shankar Singh Yadav. The Hon'ble Apex Court in the case of Union of India Vs. Padam Narain Aggarwal, 2008(231) ELT 397(SC) has held that the statement recorded under Section 108 of the Cu....