Case Law Details
Mohd. Farook Vs Union Of India (Allahabad High Court)
This application has been filed seeking the release of the applicant on bail in Case Crime No. Nil of 2020, u/s 135 of Customs Act, 1962, Police Station- D.R.I. Varanasi (Directorate of Revenue Intelligence), District- Varanasi.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of counsel for the applicant is that the applicant was travelling from Guwahati to Kanpur and he was arrested from Pandit Deendayal Upadhyay Railway Station (Mughalsarai). Submission is that there is no evidence on record that the alleged gold biscuits (3652.270 gms. amounting Rs.1,42,07,330/) were smuggled by the applicant as the real owner of the said article is one D.K. Khan and the applicant was only carrying the said biscuits from Guwahati to Kanpur. Further submission is that the statement of the applicant allegedly recorded by the officials of Customs Department under section 108 of the Customs Act, 1962 is not volunteer statement of the applicant and the same was obtained by coercion.
Shri Krishna Agarawal, learned counsel for the opposite party has opposed the prayer for bail and has submitted that as the applicant could not show any relevant paper regarding the article (gold) obtained from the possession of the applicant of such quantity, it is deemed proper that the said material was being smuggled. Learned counsel in this regard has also placed reliance upon several judgments of Hon’ble Supreme Court which are held as under:-
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