1989 (1) TMI 133

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....investigation, the respondents came to this Court and made an application that they apprehended that they would be arrested by the Customs Authorities and that, therefore, they be released on anticipatory bail. 3. The learned Judge, who heard these applications, observed that there was nothing to connect them with the discovery of the said suitcase containing the contraband and that, therefore, in those circumstances he passed an order that if they are arrested they shall be released on bail in the sum of Rs. 1,00,000/- each with one surety each. 4. But, the Customs Authorities have now investigated and they have been able to establish, prima facie, a link between the respondents and the contraband. The contraband is worth nearly Rupe....

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....and Khatri, who also have made statements implicating Abdulla Mohammed Gani. These statements also indicate that there is an attempt on the part of Abdulla Mohammed Gani to induce these witnesses to go underground for certain consideration of Rs. 1,000/- per month. Mr. Jaisinghani submits that there are two other accomplices by name, Ravi Narvekar and Ali who have been absconding and they have yet to trace these persons. 6. As against this Mr. Jain submitted that the learned Judge had taken into account all the relevant facts while granting the anticipatory bail. He also submitted that before the application was made there was a panchnama made, of the house of Abdulla Mohammed Gani and the panchnama shows no incriminating circumstances. ....

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....nt acquisition since 1986. Our experience tells us that philanthropy is very often a camouflage and a cloak for very many nefarious activities. I do not say that they are guilty, but I think, the Customs Authorities are justified in their demand that they should have a free hand in their investigation. 9. So also I do not agree that the panchnama is all that innocent. Perhaps a further investigation and scrutiny may bring out many other things. The fact that Bhaskaran and the other witness have implicated the respondents cannot be considered as a mere Act of passing the buck on somebody else. On the other hand it establishes a direct link between the contraband and the respondents. The investigation is now at the crucial stage. If the re....