SANJAY KUMAR AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. I.K. Chaturvedi, learned Senior Advocate assisted by Mr. Atul Pandey, learned counsel for the applicant, Mr. Krishna Agarwal, learned counsel for the opposite party no.2 and Mr. Prashant Kumar, learned A.G.A. for the State as well as perused the material on record.

(2.) The present bail application has been filed by the applicant-Sanjay Kumar Agrawal with a prayer to enlarge him on bail in Case Crime No. Nill of 2019, under Section 135 of the Customs Act, 1962, Police Station-D.R.I., District-Varanasi, during the pendency of the trial.

(3.) As per the prosecution case, it is alleged that on the information received on 14th February, 2019 that two persons, namely, Mahendra Soni and Sanjay Kumar Agarwal (applicant herein), who were travelling in R.M.S. General Coach of Howrah-Mumbai Mail from Kolkata, were carrying foreign origin gold in huge quantity, which had been smuggled in India from Bangladesh, the officers of the Directorate of Revenue Intelligence (for short "D.R.I.) reached the Deendayal Upadhyay Railway Station and intercepted the accused persons including the applicant. From joint possession of both the accused persons, five gold bars are alleged to have been recovered. Out of five gold bars, three are alleged to have been recovered from the possession of the applicant Sanjay Kumar Agrawal, whereas two gold bars are alleged to have been recovered from the possession of the co-accused Mahendra Soni. The total weight of alleged recovered five gold bars were 4,996.05 grams, which were of the value of Rs. 1, 67,36, 767/-. The alleged recovered five gold bars were seized under section 110 of the Customs Act, 1962 (hereinafter referred to as the "Act, 1962"), as it were brought to India in violation of Sections 7 (C), 11 and 46 of the Act, 1962 read with Rule 3 (2) (3) of the Foreign Trade (Regulation) Rules, 1993 (hereinafter referred to as the "Rules, 1993"). As such it is liable to be confiscated under Section 111 of the Act, 1962. Thereafter panchnama proceeding was drawn in the presence of two independent witnesses.