Patna HC grants Bail to Accused Allegedly Linked to Smuggled Gold Collection and Delivery on Conditions [Read Order]

The court directed the petitioner to remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
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The Patna High Court granted bail to the accused allegedly linked to the smuggled gold collection and delivery on bond and conditions.

The petitioner, Ranjeet Kumar, sought regular bail in connection with an economic offences case dated December 13, 2023, for alleged violations of Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962.

According to the prosecution, an informant alerted the Special Court for Economic Offences about a syndicate smuggling gold of foreign origin from Yangon (Myanmar) to Gaya, Bihar, through Gaya International Airport.

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The operation reportedly involved Marshals on flights and Air India Airport Service Limited (AIASL) executives. Md. Salim, based in Yangon, was identified as the syndicate’s leader, with Arun Kumar and Pappu Kumar, senior AIASL executives, assisting in gold collection and delivery operations.

On December 13, 2023, two Myanmar International Flights were targeted for smuggling. Investigations led to the recovery of $124,000 from Kunal Kishore’s residence, allegedly given as commission by Md. Hassan (the petitioner) from the sale of smuggled gold.

Searches at the petitioner’s residence yielded Rs. 8.4 lakh. During the operation, multiple individuals, including AIASL staff and Myanmar flight Marshals, were implicated, and a total of 25 gold bars, weighing 12,004 grams and valued at Rs. 7,38,24,600/-, were recovered.

The petitioner’s counsel argued that the accused was falsely implicated, with no contraband found in his possession. The cash seized was claimed to be his father’s savings, unrelated to smuggling.

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The counsel further submitted that his name emerged solely through the co-accused’s statements. Furthermore, the petitioner argued that he had no direct link with alleged syndicate leaders and that the seized gold was recovered from others.

The petitioner contended that gold, being a restricted but not prohibited item under Section 125 of the Customs Act, cannot lead to confiscation but may be subject to fines.

Considering the submissions, lack of prior criminal history and period of custody the bench of Justice Chandra Prakash Singh directed the petitioner to furnish bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge of Patna Economic Offence.

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The court directed the petitioner to remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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