NISSAR U Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Applications for regular bail under Section 439 Cr.P.C. The applicant in BA No.8149/2020 is the first accused and the applicant in BA No.8191/2020 is the second accused in OR No.12/2020 of Directorate of Revenue intelligence, Calicut, for having allegedly committed offences punishable under Sections 135 (1)(b) of the Customs Act .

(2.) The prosecution case, in brief, is that on a tip off that was received by the officers of Directorate of Revenue Intelligence (DRI), they intercepted two passengers who had arrived at Calicut International Airport from Dubai on 06.11.2020 by the same flight at 3.40 p.m. On examination of their baggage, both the accused were found to be in possession of gold concealed in their body inside the undergarment. The first accused was in possession of gold in mixture form in polythene bag which was concealed in his under garment and four capsules of gold mixture was concealed in his rectum, total weighing 2527 grams. After melting process, 24 carat purity gold of 2228.7 grams worth Rs.1,20,21,608/- was extracted. The second accused had in his possession two packets of gold in mixture form in polythene bag concealed inside specially made waist bag around his waist and four capsules of gold mixture concealed in his rectum, total weighing 2472 grams which after melting was found to be 2102.1 grams of gold and the market value was Rs.1,13,38,727/-. Both of them were arrested, their statements were recorded and remanded to judicial custody and continue to remain in custody. The investigation reveals that both the applicants were involved in gold smuggling and were working under the instructions of someone. The persons for whom the applicants were carrying gold have not been lamped so far. Their applications for bail filed before the jurisdictional court and also the Sessions court were dismissed and hence the applicants have approached this Court for indulgence.

(3.) The learned counsel appearing for the applicants would contend that they are legally entitled to import gold worth Rs.1 crore and it is submitted by the counsels appearing for both the accused that the quantity of gold which was allegedly carried by the applicants were marginally about the permissible limit and moreover it is submitted that they do not have any criminal antecedents. Their statements have been recorded. They have permanent places of abode and there is no possibility of their absconding. They are from the marginalized society and were carriers of gold for paltry remuneration. Therefore they submitted that they may not be incarcerated any longer.