KISHANLAL MEGHRAJ SONI Vs. M. M. BAKRAWALA

JUDGEMENT

(1.) In the application under Section 439 of the Code of Criminal Procedure, 1973, the petitioner has brought in challenge the order passed by the Ld. Addl. Chief Metropolitan Magistrate, Ahmedabad, on 28th May 1991 refusing bail to the present petitioner.

(2.) It was the case of the department that son of the petitioner was knowingly concerned and in possession of or in carrying,removing,depositing, harbouring, keeping, concealing, selling or purchasing or in any other manner dealing with nine foreign marked gold biscuits each of ten tolas valued at Rs. 3,60,000/- which came to be seized alongwith one scooter valued at Rs. 11,000/-. It is the case of the petitioner that statement of his son Sanjay Kishanlal Soni was recorded on the same date, i.e. 20-2-1991 under Section 108 of the Customs Act, 1962, according to which statement, the son acted under the instructions of the father, the petitioner. The incident in question had taken place on 19-2-1991 when the petitioner was also arrested on 20-2-1991.

(3.) It is the case of the petitioner that on 15th April 1991 an application was submitted by the Ld. Advocate for the petitione in the Court of Addl. Chief Metropolitan Magistrate for getting the petitioner released on bail.