Case Law Details
Ranjeet Kumar Vs Union of India (Patna High Court)
Patna High Court granted conditional bail to the accused involved in smuggling of foreign origin gold. Further, accused also directed to remain physically present in the given dates.
Facts- The petitioner has preferred this application for grant of regular bail in connection with Economic offences registered for the offences punishable u/s 135(1)(a), 135(1)(b) of the Customs Act.
Notably, a search was made by a constituted team at the residence of Kunal Kishore, recipient of foreign origin gold and in that course, US $1,24,000/- was recovered which was given to him by Md. Hassan (the petitioner) as commission from the sale proceeds of smuggled foreign gold. Thereafter, raid was conducted at the residence of Md. Hassan (the petitioner) and Rs. 8,40,000/- was recovered which was collected by him after delivery of smuggled foreign origin gold. One team of DRI Officers identified two staffs of AIASL, Gaya International Airport, namely, Arun Kumar and Pappu Kumar and Marshal Mr. Ko Ko Latt of Myanmar International flight No. 8M-601 and Marshal Mr. Htin Linn Phyo of flight No. UB-7001. Thus three packets containing 9 foreign origin gold bar were recovered from the possession of Marshal Mr. KO KO Latt which were handed over to Pappu Kumar and 3 packets containing 7 foreign origin gold bar were recovered from the possession of Marshal Mr. HTIN LINN PHYO. Thus total weigh of all the recovered 25 gold bars were 12004 grams worth Rs. 7,38,24,600/- as per the valuation and weight of the gold bars done by the goldsmith. The accused persons could not give reply satisfactorily regarding recovery of the above mentioned articles.
Conclusion- Held that the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Economic Offence, Patna in connection with Economic offences Case with the condition the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
Heard learned counsel for the petitioner as well as learned counsel for the D.R.I and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Economic offences Case No. 85(O) of 2023 (D.R.I Patna Unit Case No. 20/2023-24) dated 13.12.2023 registered for the offences punishable u/s 135(1)(a), 135(1)(b) of the Customs Act.
3. As per the prosecution case, the informant gave a written petition to the Special Court, Economic Offence, Patna that in the light of specific intelligence input received regarding a syndicate involved in smuggling of foreign origin gold from Yangon (Myanmar) to Gaya (Bihar) through Gaya International Airport with active involvement of Marshals deputed in the flights and flight handling executives working at Gaya International Airport. It is further alleged that the kingpin of the said syndicate was Md. Salim operating from Yangon while Arun Kumar and Pappu Kumar are Senior Customer Service Executive, Air India Airport Service Limited (AIASL), helped the syndicate in collecting foreign origin gold from Marshals in the flight and deliver it safely to Kunal Kishore for further delivery to Md. Hassan who used to deliver it to customers as per direction of Md. Salim. It is also alleged that consignment of gold was planned to be smuggled on 13.12.2023 via two Myanmar International Flights UB-7001 and 8M-601 coming to Gaya from Yangon. Thereafter, a search was made by a constituted team at the residence of Kunal Kishore, recepient of foreign origin gold and in that course, US $1,24,000/- was recovered which was given to him by Md. Hassan (the petitioner) as commission from the sale proceeds of smuggled foreign gold. Thereafter, raid was conducted at the residence of Md. Hassan (the petitioner) and Rs. 8,40,000/- was recoverd which was collected by him after delivery of smuggled foreign origin gold. One team of DRI Officers identified two staffs of AIASL, Gaya International Airport, namely, Arun Kumar and Pappu Kumar and Marshal Mr. Ko Ko Latt of Myanmar International flight No. 8M-601 and Marshal Mr. Htin Linn Phyo of flight No. UB-7001. Thus three packets containing 9 foreign origin gold bar were recovered from the possession of Marshal Mr. KO KO Latt which were handed over to Pappu Kumar and 3 packets containing 7 foreign origin gold bar were recovered from the possession of Marshal Mr. HTIN LINN PHYO. Thus total weigh of all the recovered 25 gold bars were 12004 grams worth Rs. 7,38,24,600/- as per the valuation and weight of the gold bars done by the goldsmith. The accused persons could not give reply satisfactorily regarding recovery of the above mentioned articles.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that no money transaction has been obtained between the petitioner and the co-accused persons. Learned counsel has submitted that the name of the petitioner has surfaced in this case on the confessional statement of the co-accused Md. Hassan, neither the petitioner was arrested on the spot carrying any sort of gold nor any incriminating documents or gold pieces have been recovered from the house of the co-accused during vigorous search conducted by the DRI, save and except cash amount of Rs. 8,40,000/- which is hard earned money of the petitioner’s father and has got absolutely no nexus with the smuggled goods or items. Learned counsel has further submitted that the petitioner is not a member of any syndicate and so far Kunal Kishore, Mar Meed Salim and Md. Zubair Akhter are concerned, they are all stranger to the petitioner. With regard to statement made in para. 13 of the Counter Affidavit, it is stated that one of the arrested persons of this case, Md. Hassan in his statement dated 14.12.2023 stated that he had delivered many consignments of foreign origin gold to one local person of Gaya, having mobile number 9953414880. He also produced the photo of petitioner and also the shop name of the petitioner. During the investigation against the petitioner, the said facts were found to be correct and the petitioner also admitted the facts regarding collection of gold from Md. Hassan and delivery of said gold to Piyush Kumar alias Vikki. It is further submitted that the said gold was recovered from the possession of the co- accused persons which was liable for confiscation under Section 111 of the Customs Act and as per Section 125 of the Customs Act the authority may levy fine in lieu of confiscation and, therefore, it appears from the provisions of Section 11 of the Customs Act gold is not prohibited goods but it is restricted goods and as per Section 125 of the Customs Act in lieu of confiscation fine may be levied. Therefore, as import of gold is not prohibited but restricted subject to prescribed payment of duty, thus alleged recovery of gold is not prohibited goods under Section 2(33) Customs Act but it is restricted goods in view of the judgment of three Judges Bench of the Apex Court in the case of Commissioner of Customs Vs. ATUL Automation Private Limited, (2019) 3 Supreme Court Cases 539. The petitioner has no criminal antecedent as stated in Para-3 of the bail petition. The petitioner is in custody since 28.12.2023
5. Learned A.P.P. for the State as well as learned counsel for the D.R.I have vehemently opposed the bail petition of the petitioner. Learned counsel for the D.R.I. has submitted that the petitioner was a member of syndicate who used to collect the smuggled gold of foreign origin from Kunal Kishore and delivered the same to various persons on direction of kingpins of this case. The petitioner in his statement recorded under Section 108 of the Customs Act, on 27.12.2023, wherein he stated that he knows Md. Hassan, he had received total 24 consignments of foreign origin smuggled gold (total weighing 87.59 kg of gold) from the said Md. Hassan at various occasions between February, 2023 to April, 2023 at Gaya, he also accepted that those gold were smuggled from Myanmar into India, he had handed over those consignment of gold to one person namely Shri Piyush Kumar, he got Rs. 5000/- per consignment for transportation of such smuggled gold, further he admitted his conscious involvement in smuggling, possession, carriage and dealing with foreign origin gold smuggled from Myanmar into India.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Economic Offence, Patna in connection with Economic offences Case No. 85(O) of 2023 (D.R.I Patna Unit Case No. 20/2023-24), with the condition:-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
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