Ramrup Soni vs. Union Of INDIA Thru. Directorate Of Revenue Intelligence Lko.
Held
The Court allowed the bail application. The Court considered the applicant's claim of purchasing the gold through a GST invoice, the absence of markings on the gold indicating foreign origin, the applicant's clean criminal history, and the period he had been in jail since September 16, 2023. Without making any observations that could prejudice the merits of the case, the Court found these facts sufficient to grant bail. The applicant was directed to be released on furnishing a personal bond and two sureties to the satisfaction of the magistrate, subject to conditions including not tampering with evidence, not pressuring witnesses, and appearing on all court dates.
Facts
The applicant, Ramrup Soni, sought bail in DRI Case No. 15 of 2023, registered under Section 135(1)(A) of the Customs Act, 1962. The Directorate of Revenue Intelligence (DRI) alleged recovery of 1731 grams of gold worth Rs. 1,04,89,860/- from the applicant at Kanpur Station on November 9, 2023. The applicant's custodial statement reportedly confessed to smuggling the gold from Bangladesh. The applicant claimed innocence, stated he had no criminal history, and argued the recovered gold lacked markings of foreign origin and was purchased via a GST invoice. He also contended that gold prices are higher in Bangladesh, making smuggling to India illogical. The DRI opposed bail, citing the offense's detriment to the economy.
Key Issues
1. Whether the applicant is entitled to be released on bail in DRI Case No. 15 of 2023, considering the alleged recovery of smuggled gold and the applicant's custodial statement? Petitioner's Arguments: The applicant argued that the recovered gold had no markings to establish foreign origin and was purchased through a GST invoice. He also contended that smuggling gold from Bangladesh to India is economically unviable due to higher gold rates in Bangladesh. The applicant asserted his innocence and lack of criminal history. Revenue's Arguments: The DRI opposed the bail application, submitting that the offense committed by the applicant is detrimental to the economy of the country and therefore, he is not entitled to be enlarged on bail.
Sections Cited
Section 135(1)(A) of the Customs Act, 1962
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC-LKO:80702 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14482 of 2023 Applicant :- Ramrup Soni Opposite Party :- Union Of India Thru. Directorate Of Revenue Intelligence Lko. Counsel for Applicant :- Atul Verma,Deepshikha Sharma,Hari Krishna Verma Counsel for Opposite Party :- Digvijay Nath Dubey Hon'ble Subhash Vidyarthi,J.
Heard Sri Atul Verma, the learned counsel for the applicant, Sri Digvijay Nath Dubey, the learned counsel for the Union of India and perused the records.
The instant application has been filed seeking release of the applicant on bail in DRI Case No.15 of 2023, under Sections 135 (1) (A) of the Costoms Act, 1962, registered at Police Station D.R.I., District Lucknow.
The aforesaid case has been registered on the basis of a complaint lodged by Department of Revenue Intelligence on 09.11.2023 stating that 1731 grams gold worth Rs.1,04,89,860/- in 17 pieces/bars was recovered from the applicant while he was in a train at Kanpur Station. It is claimed that in his custodial statement the applicant has confessed that the gold has been brought by smuggling from Bangladesh.
In the affidavit filed in suppor
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