The Patiala House Court granted the bail to a person accused of Smuggling Gold worth Rs.41.95 Crores.
The applicant, Neeraj Varshney submitted that he is in Judicial Custody since November 19, 2021. Nothing incriminating was found by officers of the department from him. No notice was given by the department to the accused. No opportunity was afforded to explain his part. Nothing has been recovered by the department from the possession of the applicant. The department has not stated or claimed single apprehension regarding flight risk, tampering evidence and influencing witnesses. Once the department has no apprehension, keeping the applicant in judicial custody is unwarranted. It is submitted that allegations made against applicant is completely wrong, incorrect and without any basis. It is submitted that applicant is law abiding citizen and running his old family business at Paharganj, New Delhi. The applicant has clean antecedents and never ever alleged with any criminal case in past. It is submitted that the applicant has deep roots in the society. It is submitted that the applicant accused has been wrongly arrested by the respondent department. It is submitted that the applicant is a family man and he has three children. It is submitted that the Applicant accused may be admitted to bail.
The department has submitted that the accused might flee if granted bail. It is submitted that the accused attempted to smuggle gold with his associates and he used to sell the same in the local market. It is submitted that the statement under section 108 of the Customs Act has been recorded which establishes his involvement in the offence. It is submitted that the accused may tamper with the evidence and he might indulge in similar offence again. It is submitted that bail may be denied to the accused.
The CMM, Dr. Pankaj Sharma held that the facts do not provide justification for further incarceration of the accused in view of the recovery and possession of documentary evidence by the department. So far the apprehension of the department that accused may tamper with the evidence is concerned upon his release, the said apprehension seems to be vague as no evidence has been brought forth to substantiate it. The apprehension of the department regarding tampering of the evidence or influencing any witness can be addressed by imposing strict conditions. Apparently, the accused conforms to the tripod test i.e. he is not a flight risk or threat to the witnesses or tampering the evidence.
The court after considering the age, conduct of the accused, his period of incarceration, antecedents, the accused is entitled for bail subject to furnishing PB/SB in the sum of Rs. 1 lacs with one surety in the like amount subject to various conditions.
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