MURLI ASANDAS CHANDIRAMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel appearing as Special Public Prosecutor, Directorate of Revenue Intelligence, Custom and Central Excise and perused the record. The instant bail application has been moved on behalf of Murli Asandas Chandiramani to release him on bail in connection with Case Crime No. NIL of 2014, under Ss. 11, 104 and 135 of Custom Act, police station D.R.I., district Varanasi during the pendency of the trial before the court below.

(2.) The genesis of the case emanating from the prosecution in nutshell is that on 11.12.2014 the officers of the Directorate of Revenue Intelligence (hereinafter referred to as D.R.I.) Varanasi visited to G.R.P., Mughalsarai office where they were informed by the G.R.P. officers that two persons, namely, Rajesh Jatmal Bhatt and Rajesh Chetandas Wasvani both belonging to district Nagpur had been intercepted by them and during search two gold bars each were recovered from specially designed cavity fabricated shoes from Rajesh Jatmal Bhatt. It was elucidated that during the search of Rajesh Jatmal Bhatt two gold bars with mark Motiwala engraved and from his pocket a small bar has also been recovered weighing in all 2050 gms. Apart from that 16,500 Thai currency and I.N.R. 18,830 alongwith passport were recovered from the search of Rajesh Chetandas Wasvani, two gold bar with the mark Motiwala engraved on it were recovered from his shoes in all 2000 gms. besides that 1120 Thai currency and I.N.R. 10,845 alongwith passport were also recovered besides the mobile phones were also recovered from their possession. Since, the matter was relating to smuggling of gold bars for which necessary action be taken under the provisions of Custom Act for which the D.R.I. officers were called upon. The G.R.P. Officers handed over the case to the D.R.I. officers for necessary action under the provisions of the Custom Act. The various valuers were called upon by the D.R.I. officers for determining the weight and value of the foreign origin gold bars and the valuer report was submitted on 11.12.2014 wherein the actual weight of the recovered foreign gold was found to be 4,076.00 gms., valued by Rs. 1,09,98,018. (' one crore, nine lacs, ninety eight thousand and eighteen) in stead of 4,050 gms. as recovered by G.R.P., Mughalsarai. The inventory of all the seized articles were prepared and was confiscated under Sec. 111 (1) of the Custom Act as the two arrested persons were clandestinely carrying the smuggled foreign origin gold for which they have violated Sec. 77 of the Custom Act. The statements were also recorded under Sec. 108 of the Custom Act before the Senior Intelligence Officer, D.R.I., Varanasi. They have accepted the illegal smuggling of gold and categorically stated that the illegally brought gold to be delivered to the applicant at Nagpur and in his absence to one Prahlad Setia who is also resident of Nagpur and the applicant is working for the said Prahlad Setia. The applicant's photographs were also identified by them. The aforesaid two persons who ' were arrested under Sec. 104 of the Custom Act were produced before the Special Chief Judicial Magistrate (Economic Offence), Varanasi on 12.12.2014 and were sent to jail. The applicant was arrested upon receipt of the Information and follow up action on 12.12.2014 with the help of his photograph, who was identified by the arrested persons in the presence of the independent witnesses. On his arrest search was made and voter I.D. Card and Adhar Card were recovered besides three mobile phones recovered from his possession and a panchnama was prepared on the same date.

(3.) The applicant was also interrogated under Sec. 108 of the Custom Act on 12.12.2014 before the Senior Intelligence Officer, Directorate of Revenue of Intelligence, Varanasi wherein he stated about that he is working with the person named Prahlad Setia who is also resident of Nagpur. Prahlad Setia used to send Indian people to Dubai/Bangkok and to coerce them to smuggle foreign origin gold into India and the applicant is his employee who helps him in his illegal work. He also admitted that he is acquainted with arrested Rajesh Jatmal Bhatt. He also admitted that the arrest of two persons by the D.R.I. was in his knowledge. He was asked by Prahlad Setia to go to Varanasi from Gaya and arrange for their release. He has also admitted the fact as narrated by the arrested persons in their statements. He also admitted that he is working at the behest of Prahlad Setia and was being paid Rs. 25,000 per month as salary.