Value of Gold Biscuits recovered less than Rs 1 Crore: Patna HC grants Bail for offence under Customs Act [Read Order]

The Patna High Court granted bail under the Customs Act, 1962 on the ground that the value of gold biscuits recovered less than Rs 1 Crore and also taking into consideration the period of custody.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 135(1)(a), 135(1)(b) for violations of Sections 7, 46, 47 of the Customs Act, 1962 read with Sections 3(2) of the Foreign Trade (Development & Regulation) Act, 1992.

From the possession of petitioner/Ashish Raj, seven pieces, from the possession of petitioner/Vishal Kumar, four pieces and from the possession of petitioner/Rajan Kumar Soni, two pieces of gold Biscuits/Bullions were recovered.

Subsequently, the statement of all the three apprehended accused persons were recorded under Section 108 of the Customs Act where they accepted their guilt and disclosed that said gold Biscuits/Bullions were smuggled from Dubai into India through Bangladesh.

The Counsel for the petitioners contended that the petitioners are innocent and they have falsely been implicated in the case. The Counsel further submitted that the values of alleged gold Biscuits/Bullions as recovered from each petitioner were valued less than Rs. One Crore, hence, as per the provision laid down under Customs Act, the offence itself is bailable.

The Counsel also argued that DRI Authority issued only one composite seizure list against the recovery of 13 Biscuits/Bullions alleged to be recovered from the possessions of three different persons and further when the recipients of the said 13 gold Biscuits/Bullions are three different firms having three separate GST numbers.

The Counsel for the respondent contended that during investigation, the documents produced by the petitioners in favour of the alleged seized gold Biscuits/Bullions were not found genuine.

The Court of Justice Sunil Kumar Panwar observed that “Considering the fact that recovery of gold Biscuits/Bullions from the individual possession of the petitioners are less than Rs. One Crore and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-.”

To Read the full text of the Order CLICK HERE

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