. He was charged of gold biscuits (3652.270 gms. amounting Rs.1,42,07,330/) were smuggled by the Appellant){kind=link}
The Supreme Court on December 18, allowed the bail application of a man accused in a gold smuggling case and directed trial court to impose such conditions which will ensure his presence & participation in the ongoing investigation & prosecution while releasing him on bail.
The three-Judge Bench of Justice Uday Umesh Lalit, Justice Vineet Saran, and Justice S. Ravindra Bhat passed this order while allowing the appeal filed by Mohamed Farooque @ Mohd. Farook challenging the judgment dated 08-09-2020 passed by the High Court of
Allahabad.
Appellant was travelling from Guwahati to Kanpur and he was arrested from Pandit Deendayal Upadhyay Railway Station (Mughalsarai). He was charged of gold biscuits (3652.270 gms. amounting Rs.1,42,07,330/) were smuggled by the Appellant. In connection with Complaint filed before the Court of Special Chief Judicial Magistrate (Economic Offences), Varanasi in respect of offences punishable under Section 135 of the Customs Act, 1962, the appellant has been in custody since 13.11.2019.
The Appellant bail application has been rejected by the Allahabad High Court , in respect of which the Appellant has approached the Apex Court.
Madhavi Divan, ASG on behalf of the respondents have filed the affidavit in reply submitting that ;
1) 22 biscuits of gold were found on the person of
the present appellant.
ii) the appellant and his brother
had made multiple trips to Myanmar importing gold
biscuits.
iii) they were using multiple mobile phones and
iv) Mr. D.K.Khan, the principal offender has been
absconding.
Considering the records and arguments from both the Parties the Court has allowed the bail under Section 439 Code of Criminal
Procedure.
Also Read: Supreme Court rejects application from convicted police officer seeking exemption from surrendering
The Bench has directed the appellant shall not cause any
obstruction in the smooth functioning of the ensuing
investigation.