Delhi HC Upholds Bail in Gold Smuggling Case Citing No Fresh Grounds for Cancellation [Read Order]
The bail granted by the Metropolitan Magistrate on 09.06.2018 was based on a thorough consideration of facts, and since no new circumstances arose, the court found no reason to interfere
Gold Smuggling – Bail in Gold Smuggling – Bail – taxscan
Gold Smuggling – Bail in Gold Smuggling – Bail – taxscan
The Delhi High Court, upheld bail granted in a gold smuggling case, citing no fresh grounds to cancel the order.
The Revenue-petitioner moved a petition under Section 482 Criminal Penal Code,1973 against the order dated 09.06.2018, where the Metropolitan Magistrate granted bail to Sandeep & Others, respondent-assessee, after holding that the offence was bailable.
The petitioner stated that Respondent No.1 had dealt with and seized 3000 grams of gold valued at ₹85.28 lakhs. Previously, he had also handled smuggled gold weighing 8000 grams worth ₹2.27 crores. Respondents No.2 and 3 were said to be involved with the same smuggled gold.
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The case involved possession and dealing of 11 kg of smuggled foreign gold worth ₹3.12 crores, with Respondent No.1 acting with the support of Respondents No.2 and 3. The petitioner argued that the bail order dated 09.06.2018 needed to be set aside.
The petitioner relied on the judgments in K.I. Pavunny and Subhash Jain, which confirmed that a confessional statement could support a conviction. Reference was also made to the Supreme Court ruling in Union of India vs. Hasan Ali, asserting that the bail order was unsustainable from the start.
The respondent counsel said that only 3 kg of gold was recovered and denied any recovery of the remaining gold, calling it the petitioner’s claim.
They argued that since 3 kg of gold was recovered, the Magistrate was correct to treat the offence as bailable and grant bail. They said there was no mistake in the bail order and the petition should be dismissed.
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Justice Neena Bansal Krishna noted that the respondent was caught with 3 kg of smuggled gold worth about ₹85 lakhs, with Customs Duty evasion of ₹35 lakhs. No recovery was made of the remaining 8 kg, which the respondents only mentioned in their statements.
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The Metropolitan Magistrate reviewed the facts and granted bail on 09.06.2018, considering the whole case. The offence was described as bailable, but bail was given based on all facts.
No new information was presented to reconsider bail. The court found no mistake in the bail order and dismissed the petition and application.
To Read the full text of the Order CLICK HERE
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