Air Customs Vs Sandeep & Ors. (Delhi High Court)
Delhi High Court has dismissed a petition filed by Air Customs, seeking to revoke the bail granted to three individuals—Sandeep and two others—accused in a case involving the alleged possession and dealing of smuggled gold. The High Court found no infirmity in the Metropolitan Magistrate’s order dated June 9, 2018, which granted bail to the respondents.
The case, registered as File No. VIII (AP) to P & I/2024-B/Arrival/2018, involved allegations of Sandeep being apprehended with 3 kg of smuggled gold valued at approximately Rs. 85 lakhs, with an estimated Customs Duty evasion of Rs. 35 lakhs. Air Customs further alleged that Sandeep had previously dealt with 8 kg of smuggled gold across four past visits, collectively valued at Rs. 2.27 crore, with the active assistance of the other two respondents. In total, the prosecution claimed involvement with 11 kg of smuggled gold, valued at over Rs. 3.12 crore.
Prosecution’s Contentions and Cited Precedents
The learned Standing Counsel for Air Customs argued that the Metropolitan Magistrate’s bail order was flawed, particularly because it “incidentally” observed that the disclosed offense was “bailable.” The prosecution emphasized the significant quantity and value of the gold involved, asserting that the offense warranted a denial of bail.
