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Gold smuggling case: Patna High Court denies anticipatory bail

Case Law Details

TaxGuru Citation
2024 taxguru.in 4020
Case Name
Manoj Singh @ Sardar Manoj Singh Son of Sardar Rameshwar Singh Vs Union of India (Patna High Court)
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Date of Judgement/Order
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Manoj Singh @ Sardar Manoj Singh Son of Sardar Rameshwar Singh Vs Union of India (Patna High Court)

In the case of Manoj Singh vs. Union of India, the Patna High Court denied anticipatory bail to the petitioner involved in a gold smuggling case. Singh, facing charges under the Customs Act, 1962 and the Foreign Trade (Development and Regulation) Act, 1992, claimed false implication and argued for bail based on precedents where similar requests were granted. He asserted that the confessional statements and cumulative gold seizure did not justify the denial of bail, especially since other accused in similar cases had received bail. However, the Directorate of Revenue Intelligence (DRI) countered that unlike previous cases, Singh’s application lacked substantial evidence proving legitimate gold dealings or a clear business background. The court, after reviewing the DRI’s arguments, concluded that Singh failed to meet the criteria for anticipatory bail, leading to the rejection of his bail application.

FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT

1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the D.R.I.

2. The petitioner apprehends his arrest in connection with Economic Offence (Customs) Case No.361© of 2022, registered for the offence punishable under Sections 135(1)(a) & 135 (1)(b) for violation of Sections 7, 46, and 47 of the Customs Act, 1962 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992, pending in the court of learned Special Judge Economic Offences-cum-Sub-Judge-1, Patna.

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Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 23,710

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