RAKESH RAI Vs. CUSTOMS AND CENTRAL EXCISE DEPARTMENT

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in a case registered under Section 135 of the Customs Act, 1962 (in short 'the Act').

(2.) Brief facts of the case are that vide Panchnama dated 22.03.2019, the Customs and Central Excise Department, recovered one gold bar weighing 999.50 grams from a bus bearing No.PB02-CR-3991, which was used to carry passengers arriving from Dubai through Indigo Airlines. The authorities, thereafter, apprehended one Sahib Singh, the driver of the bus and recorded his stated on 22.03.2019 in which he has stated that the abovesaid 01 Kg gold bar was handed over to him by a passenger, who had arrived from Dubai and he did not know his name but he can recognize him. It was further stated that the same was to be collected by one Pardeep Saini working as Assistant Manager (Fire Service) in Airport Authority. Thereafter, Pardeep Saini was apprehended and in his statement, he admitted that Sahib Singh had to deliver the 01 Kg. gold bar to him and even on earlier three occasions, the same was given to him. He further stated that the same was to be further delivered to one Narayan Sharma. Thereafter, the authorities apprehended Narayan Sharma and he recorded his statement under Section 108 of the Act wherein he has stated that on 03.03.2019, first time he along with Vaibhav Rai visited Dubai and thereafter, on 17.03.2019, he visited Dubai and on his instructions, he had handed over the gold to the driver of the Indigo bus.

(3.) Counsel for the petitioner has submitted that Narayan Sharma has been granted the concession of regular bail by this Court vide order dated 07.05.2019 passed in CRM-M No.19831 of 2019 whereas Sahib Singh was released on bail by the trial Court. The petitioner apprehending his arrest filed the anticipatory bail before the Additional Sessions Judge, which was declined.