The case has been taken through video conferencing facility.
Heard learned counsel for the applicants as well as Sri Digvijay Nath Dubey, learned counsel appearing on behalf of Union of India through Intelligence Officer, Directorate of Revenue, Intelligence, Zonal Unit, Gomti Nagar, Lucknow and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicants, namely, Dhruv Maheshwari and Laxman Ram, seeking bail in Case Crime No.08 of 2020 (Union of India through Intelligence Officer Vs. Dhruv Maheshwari), instituted by Directorate of Revenue Intelligence, Zonal Unit, 2/31, Vishal Khand, Gomti Nagar, Lucknow under Sections 104, 110, 111 and 135 of the Customs Act, 1962, before the Special Chief Judicial Magistrate Customs.
On the basis of specific inputs by the Revenue Intelligence Department, the accused applicants who were travelling to Delhi by Train No.02823 Bhubaneshwar to Delhi (Covid Special Train), were taken into custody at Kanpur Central Railway Station at 17:45 hours on 12.10.2020. These two accused were occupying berth no.66 and 67 in Coach No.B-1 of the said train. From the possession of the accused applicants, four gold bars smuggled from Bangladesh were recovered. The total weight of the gold bar was 4000 gms and at that time the price of the said gold would be Rs.2,14,00,000/-. In their statements recorded under Section 108 of the Customs Act, it was stated that the gold was given to them by one Gagan which was to be handed over to one Kailash resident of Meerut. The gold was handed over to the applicants at Hijli Railway Station. They had committed the offence in the greed of some money. From the statement of the accused applicants recorded under Section 108 of the Customs Act, it is evident that the accused applicants were the carrier of the gold in question which was illegally smuggled from Bangladesh.
Sri Rahul Pandey, learned counsel for the accused-applicants submits that the accused applicants having no criminal history and even if the prosecution case is believed, they are only the carrier of the gold. They were only carrying smuggled gold to Delhi which was to be delivered to one Kailash. He has also submitted that the accused applicants are in jail since 12.10.2020. The case is triable by the Magistrate and the maximum period of punishment is seven years. Considering the aforesaid aspects of the case the accused applicants may be enlarged on bail.
On the other hand Sri Digvijay Nath Dubey, learned counsel appearing on behalf of the Union of India, has opposed the bail application and has submitted that the accused applicants have been involved in commission of serious offence. The accused applicants in smuggling the prohibited item tried to play with the economy of this country as they smuggle gold and other items to avoid payment of custom duty. The smuggling seriously jeopardise the stable economic system of the country. The accused applicants are therefore not entitled to be enlarged on bail.
I have considered the submissions of learned counsel for the applicants, Sri Digvijay Nath Dubey, learned counsel for the Union of India and gone through the record.
Even from the facts of the case, it is evident that the accused applicants are the carriers of the smuggled gold from Bangladesh. They are not the main persons who were involved in smuggling the gold. They had committed offence in greed of some money which was to be paid or might have been paid to them for transporting the smuggled gold from West Bengal to Delhi. However, they have been apprehended at Kanpur Central Railway Station on inputs of the Revenue Intelligence Department. The accused applicants are languishing in jail since 12.10.2020. The case is triable by the Magistrate. There is no criminal history of the accused applicants. Considering all these aspects and taking into consideration the submissions advanced on behalf of the accused applicants as well as Sri Digvijay Nath Dubey, learned counsel appearing on behalf of the Intelligence Officer, Directorate of Revenue, the accused applicants, namely, Dhruv Maheshwari and Laxman Ram be enlarged on bail.
Let accused-applicants Dhruv Maheshwari and Laxman Ram be released on bail in the aforesaid case on their furnishing a personal bond of Rs.2 lakhs each and two sureties in the like amount to the satisfaction of the Trial Court on being summoned with the following conditions :-
(i) The applicant shall not commit any offence in future and if it is reported that he has committed any other offence, this order releasing him on bail shall be cancelled forthwith on an application by the prosecution.
(ii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 13.4.2021 Rahul