MOHD FAROOK Vs. UNION OF INDIA

JUDGEMENT

(1.) 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.

(2.) Heard learned counsel for the applicant and learned A.G.A. Perused the record.

(3.) 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.