2024 (4) TMI 873

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....he was remanded to judicial custody. It is alleged that against her that, her husband smuggled gold into India and then it is sent to co-accused Mohd. Rafiq for delivering the same to the buyers in the local market. She is falsely implicated in the case. She has nothing to do with smuggling of gold. She retracted from the statement. Her husband is in the business construction activity and is concentrating on redevelopment projects. She helps him in the said business. The gold and cash was recovered from the premises of other co-accused. She has no idea whether it was smuggled gold. The person from whose premises the gold was recovered have not arrested. Other co-accused Ummed Singh and Mahipal already released on the bail. She co-operated f....

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....mber of the syndicate. If she enlarged on the bail the investigation may hamper, she may tamper with or destroy the evidence and influence the witnesses. Therefore they submitted for rejecting the application. 4. Perused application, report of respondent and remand reports. Heard Ld. Advocate Dr. Sujay Kathawala for applicant/accused and Ld. Special PP Mr. S.R. Ketkar at length. At the outset it is required to note that, on 05.03.2024 the search was conducted on the basis of intelligence developed and authorisation issued at shop no.19, 1st floor, building no.51/53, Vithalwadi lane, Kalbadevi, Mumbai-02. During search both the applicants/accused being care takes of said shop with other two employees accused no.1 Mohd. Rafiq and accused n....

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....ns who are yet to be arrested. But it is required to note that as per their statement they themselves were not bringing gold from the Dubai but the part of smuggling. It is not disputed that there is huge recovery of Indian and foreign currency with gold and silver bars. But thereafter no further progress in the investigation is shown. Moreover, no further statement of the accused is recorded on the basis of further investigation. Already there was sufficient time with the respondent to investigate about her further involvement in the alleged smuggling. Therefore considering all these circumstances and already the seized currency and other goods were with the respondent it is just and proper to enlarge her bail on certain conditions. Theref....