2023 (3) TMI 848

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....registered at Police Station- Directorate of Revenue Intelligence through special investigating officer, investigating authority, DRI, Indore Zonal unit for commission of offence punishable under Section 135(1)(b) and 135(1)(i)(A) of the Customs Act, 1962 and section 120-B of IPC. 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. During the search of the vehicle, officers of DRI found 3 yellow metal bars wrapped in papers from the specially built cavity under the seat adjacent to the Driver seat. On unwrapping the papers,....

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....e dismissed on merit and third application was dismissed as withdrawn and after rejecting the earlier applications, co-accused Shankar Singh Yadav has been enlarged on bail vide order dated 13/03/2023 passed by Hon'ble Apex Court in Special Leave to Appeal ( Criminal ) no. 1752/2023. Other accused Deeraj Rai has been enlarged on bail vide order dated 17/01/2023 passed in MCRC no. 61054/2022. He is the partner in M/s Sai Baba Jewellery and other partner is his brother Manish Valecha. The Gold Coin Case which was pending before the Commissioner of Custom (Appeal), Mumbai has been decided on 03/03/2023 (Annexure-A/2) and accordingly, the impugned order therein has been quashed. The applicant is not the habitual offender as held in earlier ....

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....sed in McRC no. 30740/2022 and the order dated 07/11/2022 passed in MCRC no. 43123/2022 on merit after considering all the facts and circumstances of the case and the arguments advanced by counsel for the applicant; the applicant is a habitual offender or not is the fact which may be proved during trial; although the co-accused Shankar Singh Yadav has been enlarged on bail by the order dated 13/03/2023 of Hon'ble Apex Court, but the case of present applicant is different from the co-accused Shankar Singh Yadav, therefore, he cannot claim parity with the co-accused Shankar Singh Yadav. So far as medical ground taken by the applicant is concerned, from the report dated 06/03/2023 issued by Meeical Officer, Central Jail, Indore, it is c....