2026 (1) TMI 1184

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....pondent no. 1 who is the original accused no. 2 in the said complaint, pursuant to the order passed by the learned Additional Sessions Judge of Surat in Criminal Misc. Application No. 4269 of 2025 on 12.06.2025. 2. The complaint came to be instituted by the Senior Intelligence Officer-Directorate of Revenue Intelligence, Surat, against respondent no. 1 and other four accused under Sections 174 and 175 of the Indian Penal Code, 1860, read with Section 108 of the Customs Act, 1962. The said complaint was numbered as DRI. F. No. DRI/AZU/SRU/B/INV-11/2023. 3. As per the prosecution case, specific information was received by the complainant that, four persons traveling by Air India Express flight via Sharjah were attempting to smuggle gold....

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....s preferred the present application under Section 483(3) of the BNSS, 2023, for cancellation of the said anticipatory bail. 8. Heard learned advocate Mr. C.B. Gupta on behalf of the applicant who has forcefully argued that, though the complainant had submitted written objections during the hearing of Criminal Misc. Application No. 4269 of 2025, the learned Additional Sessions Judge had not considered the said objections. Mr. Gupta has drawn the attention of the Court to para no. 7 of the order passed by the learned Additional Sessions Judge of Surat in Criminal Misc. Application No.4269 of 2025, and has submitted that, the observations of the learned Additional Sessions Judge do not reflect that the learned Judge had considered the objec....

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....or respondent no. 1, who has submitted that, the complainant had not challenged any other bail orders except the order of the respondent no. 1-accused. There are total 11 accused persons arraigned in the crime, who have been either granted regular bail or anticipatory bail. Mr. Parikh has further submitted that, the role of the respondent no. 1-accused pertains to financing the smuggled gold from Dubai through accused no. 1-Salman Rafiqbhai Penwala, and it was Salman Penwala who had managed all affairs with the respondent no. 1-accused. He was also in touch of the key members of syndicate and had supervised the activity of every member and, had developed liaisoning with Shri Parag Dave - PSI. Mr. Parikh has submitted that, after considering....