2023 (3) TMI 337

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....r, Sr. S.C For the Customs : Mr. Anshuman Singh, Sr. S.C (In CRIMINAL MISCELLANEOUS No. 54440 of 2022) For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv For the D.R.I : Mr. Ranvir Kumar, Sr. S.C For the Customs : Mr. Anshuman Singh, Sr. S.C (In CRIMINAL MISCELLANEOUS No. 57452 of 2022) For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv For the D.R.I : Mr. Ranvir Kumar, Sr. S.C For the Customs : Mr. Anshuman Singh, Sr. S.C ORAL ORDER Heard learned senior counsel for the petitioners, learned senior counsel for the Union of India and learned senior counsel appearing on behalf of the Customs Department. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 135....

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....m the registered firms which fact is evident from the Tax Invoices issued in favour of the petitioners but the D.R.I Authority did not pay any heed and made seizure of the alleged gold Biscuits/Bullions collectively valued at Rs. 1,03,45,832/-. It is further submitted that for the purposes of refining the jewelleries purchased from HG Jewels, the petitioner proceeded for Kolkata by train, however, during journey the jewellary got damaged and for making new jewellary the damaged jewellaries has to be refined first as condition precedent before giving shape of any new ornaments which fact is amply from mere perusal of debite note for job work issued by R.K. Traders in favour of M/s Anant Gold & Silver Refinery dated. It is further submitted t....

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....tment have vehemently opposed the prayer for bail of the petitioners and submitted that the petitioners have admitted the possession of smuggled gold Biscuits/Bullions. They disclosed that said gold Biscuits/Bullions were concealed in Kamarband tightened around their waists. Individual notices were served upon and their personal search was conducted in front of Senior Intelligence Officer at the R.P.F post, Gaya and with consent of independent witnesses the apprehended persons and their belongings were brought to D.R.I Office, Patna for further proceedings. It is further submitted that during the course of personal search of the apprehended persons, total 1982.340 grams of Biscuits/Bullions were recovered which were valued as Rs. 1,03,45,83....