NISSAR PATTIKKARAVALAPPIL Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioner is the 1st accused in O.R. No.15 of 2022 (in file F.NO.DRI/COZU/CHN/15/ENQ-15/2022) of Directorate of Revenue Intelligence, Cochin Zonal Unit registered alleging commission of offence punishable under Sec. 135 of the Customs Act.

(3.) Prosecution allegation is that the specific intelligence developed by the officers of DRI, Cochin Zonal Unit indicated that a smuggling gang has recruited two carrier passengers, namely Shri. Nissar Madapatt Pattikkaravalappil who is 1st accused and Shri. Jafar Kannayil who is the 2nd accused, arriving Cochin International Airport by Air India flight No. Al 934 from Dubai on 26/10/2022, would attempt to smuggle gold by way of concealment under their seats in the aircraft, which would subsequently be retrieved by three passengers who is accused 3 to 5 in the above case, viz. (1) Shri. Mohammed Valappil, (2) Shri. Sabith and (3) Shri. Najeeb Rahman in the next sector of the same aircraft from Cochin to New Delhi and smuggle the same out of New Delhi Airport, avoiding customs check and without payment of customs duty. On arrival of the Air India flight No.Al 934 at around 7.00 p.m. on 26/10/2022 at Cochin International Airport, the officers of DRI rummaged the aircraft, and recovered 4 packets, wrapped with black adhesive tape, having unusual heaviness concealed under the cushion of seat number 22J, and 2 similar packets concealed under the cushion of seat number 38A. The officers intercepted the petitioner who has travelled in Seat No. 38A and 2nd accused who has travelled in Seat No. 22J. It is alleged that both passengers admitted that they had concealed gold in compound form under their seats in the aircraft which would be retrieved by accused 3 to 5 during the next sector of the aircraft from Cochin to New Delhi. An experienced gold assayer examined the recovered packets and extracted gold from the thick brown coloured paste found within the packets by fire extraction at his workshop. The fire extraction of the compound contained in two packets recovered from seat 38A resulted in recovery of one gold lump of 24K purity weighing 1534.500 grams valued at Rs.80,02,418.00. The fire extraction of compound contained in the four packets recovered from seat 22J resulted in recovery of two gold lumps of 24K purity totally weighing 3827.9 grams valued at Rs.1,99,62,499.00. The extracted gold in the form of three lumps totally weighing 5362.4 grams, valued at Rs.2,79,64,917.00 were seized by the Senior Intelligence Officer, DRI Cochin Zonal Unit. The petitioner/accused was arrested by the respondent on 27/10/2022 Thus the accused have committed the above said offence.