Can a person be released on bail based on the value of gold seized from his possession?

PJ/Case Law /2016-17/3380

Case - IN RE : ANURAG JALAN
Citation- 2016 (342) E.L.T. 235 (Cal.)
Brief Facts - Smuggling of gold & Value of gold allegedly smuggled being only `8.98 lakhs which is within statutory limit as provided under Section 135 of Customs Act, 1962 Thus Being entitled bail was granted to petitioner upon furnishing a bond of `20,000 with two sureties of `10,000 each under Sections 104 and 135 of Customs Act, 1962.
Appellant’s Contention- The petitioner submits that the alleged offence, so far as the present petitioner is concerned, is very much bailable in terms of the specified provisions of Section 135(1) of the Customs Act. The learned advocate for the petitioner also submits that the learned Chief Metropolitan Magistrate, Calcutta, though observed such thing in its order dated 21-2-2015 but for reasons unexplained he refused to enlarge the petitioner on bail. So, the petitioner should be granted bail.
Respondent’s Contention- Customs Authorities submits that this petitioner confessed before the Customs Officer that he smuggled 6 kilograms gold and delivered it to various persons in different parts of India and the value of such gold is Rs. 1,63,08,700/-. Therefore, the learned Chief Metropolitan Magistrate, Calcutta correctly rejected the bail prayer of this petitioner.
Reasoning of Judgment – The value of the smuggled gold, alleged to have been seized from the possession of the petitioner herein, is only Rs. 8,98,214/-. Therefore, it is very much within the statutory limit as provided under Section 135 of the Customs Act. As such, the petitioner is entitled to be enlarged on bail.

Appeal allowed.
Comment – The gist of the case is that there was allegation against the petitioner that he smuggled 6 kilograms gold and delivered it to various persons in different parts of India and the value of such gold is Rs. 1,63,08,700/- but the value of the smuggled gold, alleged to have been seized from the possession of the petitioner herein, is only Rs. 8,98,214/- which was under the statutory limit as provided under Section 135 of the Customs Act. And thus the petitioner is entitled to be released on bail.
Prepared by- Alakh Bhandari

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PJ/Case Law /2016-17/3380

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