TaxTMI 
TaxTMI 
2024 (5) TMI 1353
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....on the learned counsel for the DRI and the same are taken on record. 3. Heard Shri Purnendu Chakravarty, learned counsel for the applicant and Shri Digvijay Nath Dubey, learned counsel for the respondent. 4. By means of the instant anticipatory bail application under Section 438 Cr.P.C., the applicant seeks anticipatory bail in respect of DRI Case No.6/2024, under Section 135 of the Customs Act, 1962, Police Station DRI, District Lucknow. 5. The facts as borne out from the record reveals that DRI received specific information and acting upon the same, it intercepted two persons namely Lalmohan Panja and Harekrishna Parai, two co-accused on 20.02.2024 at around 09:20 PM in the Second AC Coach bearing No.A1 of Pushpak Express (Train No.125....
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....ms were recovered and seized:- Sl No Packages Description of Goods Quantity Total Value of the Goods (In Rs.) Identifying description 1 One Plastic box wrapped with markeen and sealed with DRI Seal Gold Bar cut pieces and Gold Ornaments of 18K without Hallmark and HUID 41.900 2,68,160/- P-1 517.000 24,81,600/- 2 One Plastic box wrapped with markeen and sealed with DRI Seal Gold Ornaments of 18K without Hallmark and HUID 7700.000 3,69,60,000/- P-2 3 One Plastic box wrapped with markeen and sealed with DRI Seal Gold Ornaments of 18K without Hallmark and HUID 26500.000 12,42,62,400/- P-3 4 One Plastic box wrapped with markeen and sealed with DRI Seal Indian Currency 29000 notes (Rs.500/denomination) 1,45,00,000/-....
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....ny buys gold from various firms. It has been submitted that GST has also been paid. Certain documents indicating the stock report has also been filed as Annexure No.4 including certain raw-statement including of the gold purchased from various firms and they are sought to be corroborated from the invoices filed as part of Annexure No.4 to submit that the applicant is a bonafide, genuine firm where it undertakes the business of jewellery and for that purpose, they purchase gold bullion, thereafter, design the ornaments which are then sold to its customers not only in the State of Maharashtra but across various States including the State of U.P. 15. It is further submitted that it is absolutely incorrect to suggest that the said gold pieces ....
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....however, it does not give right to the Custom Authorities to implicate the applicant falsely merely because the cash has been recovered and in absence of any material to indicate how the cash was generated illegally by the applicant, hence, this burden has not been explained or discharged by the DRI. 19. It is also submitted that the applicant is a bonafide businessman, who pays his taxes regularly and the recovery/seizure of the items and cash which has been made belongs to the firm and the applicant has deep roots in the society and the applicant is not at flight risk nor in a position to tamper with any evidence or influence any witness, accordingly, he is entitled for anticipatory bail. 20. Shri Digvijay Nath Dubey, learned counsel ap....
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....d that the applicant is ready to pay the necessary taxes/penalties which may be leviable in terms of the Customs Act, 1962 or in terms of Bureau of Indian Standards Act, 2016. 25. In light of the above admitted facts, this Court finds that even though the applicant has brought certain documents on record, which are part of Annexure No.4, however, the same are only GST Invoices wherein certain purchases have been made by the firm M/s. Ram Laxman & Company and M/s. R.L. Jewels which are random statements. Merely because the applicant deals with the aforesaid items of gold pieces and gold ornaments does not mean that the applicant is entitled to a carte blanche. The statements are relating to the month of February, 2024, however, though the a....
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....pplicant is in and claims ownership/control cannot be deduced. The GST registration, partnership deed/Income Tax Return/ other Government Documents could have been brought on record but that has not been done. It is also not clear from the said documents i.e. Annexure No.4 as to when the firms came in existence and who have been its proprietor/owners. 28. Apparently, if the applicant and his firm M/s. Ram Laxman & Company had been dealing with such quantum and scale of transaction in regular course of business then there must have been proper invoicing of the items and the cash flow quantum which is generated from the business would necessarily point towards the accounts of the applicant's firm being audited but bringing few vouchers a....