2024 (11) TMI 1149

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....di, learned Senior Advocate assisted by Shri Vivek Singh, learned counsel for the applicant as well as Shri Krishna Agarwal, learned counsel for the opposite party and perused the record. 3. As per the prosecution version, the Officers of D.R.I., NOIDA on information intercepted a Car bearing registration No. UP15CR-2343 at the entrance of Kashi Toll Plaza on Delhi-Meerut Expressway on 15.6.2024 in the night which was occupied by two persons. The person, who was driving the vehicle introduced himself as Naman Jain whereas the another person sitting in the Car introduced himself as Anil Kumar Yadav, the present accused / applicant. They were brought to the D.R.I. Office at NOIDA Regional Unit, G-10, Sector 63 NOIDA and on their search and....

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....recovered gold from the applicant has not been found to have any kind of mark attached to the smuggled gold nor has it been proved by the Investigator that the said gold was brought into India by smuggling. It is also submitted that co-accused Naman Jain has claimed his ownership over the entire case property and applicant is only an employee of Naman Jain. It is further submitted that the value of the gold recovered from the possession of the applicant is Rs. 73,78,617/- only and the offence is non-cognizable in respect of such amount. The alleged recovery of gold is nothing but a false and concocted story of the prosecution. It is also submitted that as a matter of fact no smuggled gold was recovered from his possession, as alleged by the....

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.... No. 13/22-Customs, F.No. CBIC-21/209/2022-INV-Customs-CBEC, dated 16.8.2022 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes & Customs, New Delhi, no prosecution may be launched against the applicant and also arrest in respect of an offence under the Customs Act should be affected only in exceptional situations. It is also submitted that the applicant has been languishing in jail since 17.6.2024. 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 released on bail, he will not misuse the liberty and is ready to cooperate in the trial. In support of his submiss....

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....e retrieved gold exceeds the amount of Rupees One Crore because the value of the recovered gold from both the accused is Rs. 73,78,617/- each. It is further submitted that no plausible explanation has been offered by the applicant in respect of his possession over the illegal gold. It is also submitted that on the basis of cogent information, the accused applicant was intercepted and he was found involved in smuggling of illegal gold of huge quantity by a car which belongs to the co-accused. It is also submitted that the prosecution has been launched against the applicant after complying with all the statutory provisions and there is no possibility of false implication of the accused applicant at this stage and he had been acting as a carri....