TaxTMI 
TaxTMI 
2025 (4) TMI 1606
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....cknow. 3. As per contents of complaint, the Directorate of Revenue Intelligence (D.R.I.) received a specific tip off and acting upon same intercepted two persons namely Hare Krishan Parai and Lal Mohan Panja on 20th February, 2024 at about 9.20 P.M. from the Pushpak Express Train from Charbagh Railway Station, Lucknow with 558.900 Grams of gold allegedly of foreign origin valued at Rs. 3.29 crores and cash amounting to Rs. 3.28 crores said to have been recovered. The complaint indicates that the aforesaid two persons upon questioning revealed that they were travelling to Mumbai to deliver the said recovered notes and ornaments alongwith cash to its owner namely Ram Krishna Jaladhar Parai and his brother namely Laxman Chandra Parai. 4. The....
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.... person Sumit Kumar Rastogi has also been enlarged on bail in Criminal Misc. Bail Application No. 3594 of 2024. 7. It is therefore submitted that there is nothing of any substance against the applicant and even otherwise provisions of Section 135 of Customs Act 1962 are inapplicable. 8. Learned counsel for opposite party has refused submissions advanced by learned counsel for applicant with submission that aforesaid aspects clearly indicate an attempt to smuggle foreign made gold in which complicity of complaint can not be denied. It is submitted that applicant has clearly been named by co-accused Sumit Rastogi from whom gold of foreign origin was recovered. It is however admitted that no recovery was effected from the applicant. He has a....
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....on 135 of the Customs Act is yet to be established in trial and since the maximum punishment which can be made applicable is upto 7 years, has granted bail. 11. Considering aforesaid aspects as well as the fact that there is no recovery made from the applicant and the complaint having already been filed against the applicants, and considering judgment rendered by Hon'ble Supreme Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40, this court finds that the applicant is entitled to grant of anticipatory bail. Relevant paragraphs of the judgment are as follows :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the ap....