2024 (8) TMI 33

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.... Varanasi. 3. According to prosecution version, the Officers of D.R.I., Varanasi on information intercepted the present accused applicant and one Amit Srirang Jadhav in respect of smuggled golden bars, who were travelling in Train No.15658 (Bramhputra Express, Coach No. H-1, Berth Nos. D-11 and D-12) at Deen Dayal Upadhyay Junction Railway Station on 6.1.2024 at 4.30 p.m. and they were brought to the D.R.I. Office at Sigra, Varanasi and on search 16 golden bars valuing Rs. 1,66,27,499/- from present accused applicant and 4 golden bars from co-accused Amit Srirang Jadhav valuing Rs. 41,56,640/- were recovered and the value thereof was affirmed by the authorized valuer. Recovery memo, inventory and seizure order were duly prepared and a comp....

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....f suspicion and alleged confession made by the applicant, without any cogent previous information, the alleged recovery has been shown by the D.R.I. Officers. It is also submitted that there is no evidence at all on record that the alleged golden bars belong to the present applicant. It is also submitted that the learned Sessions Court at Varanasi, without considering the evidence on record, in an illegal manner, rejected the bail application moved by the applicant. It is also submitted that due to the lack of any corroborative evidence, statement under section 108 of the Customs Act cannot be read against the maker of the statement. It is also submitted that the gold, allegedly recovered from his possession, falls into the 'restricted ....

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.... Customs, New Delhi, no prosecution may be launched against the applicant, and as per the aforesaid Circular arrest in respect of an offence under the Customs Act should be affected only in exceptional situations. It is also submitted that earlier the case of involvement of foreign currency having value upto Rupees Fifty Lakhs was included in the head of 'exceptional situations' but now this limit has been exceeded to Rupees Two Crores or more by virtue of the aforesaid Circular. It is also submitted that the applicant has been languishing in jail since 7.1.2024. It is lastly submitted that in the fact and circumstances of the case and in view of the specific rules and law the accused applicant is entitled for bail and in case he is....

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....4 has been wrongly interpreted by the applicant as it is a notice under Section 150 of the Customs Act which has no concern with the compounding of the matter. By virtue of Section 135(i)(A) of the Customs Act, the offence in this matter is punishable with the imprisonment for a period of seven years and not for a period of one year, as submitted by the learned counsel for the applicant. It is also submitted that the purpose and object of the Customs Act is not only to assess the evasion of Customs Duty and to recover it but it is punishable as well. It is further submitted that the language of Section 125 of the Customs Act makes it clear that the Officer adjudging the matter entertains a discretion to give the owner of the goods an option....