AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
17 paragraphs · 290 wordsPetitioner has filed this bail application under Section 439 of Cr.P.C.
F.I.R. No. VIII(48)AP/02/2018 was registered by Inspector, Customs Airport, Jaipur for the offence under Section 135(1)(A) (B)(C) of Customs
Act, 1962.
It is contended by counsel for the petitioner that foreign currency to the value of Rs.1,12,00,000/- was seized from Naresh. Present petitioner has
been made an accused as he was travelling on a common PNR with Naresh.
Counsel for the Union of India has opposed the bail application. His contention is that initially one bag was recovered from Naresh from wherein
foreign currency was recovered. But later on, on the basis of statement of the present petitioner under Section 108 of Customs Act, it was revealed
that the bag which present petitioner was carrying was also having a concealed compartment, wherein foreign currency valued at Rs.43,00,000/-was
concealed. Later on foreign currency and that bag was also seized by the Custom Department.
It is contended that foreign currency involved in this case is more than 1,00,00,000/-. The offence is punishable for sentence of seven years and is
an economic offence having far reaching consequences.
It is also contended that as both the passengers were travelling together and from the statement, it is revealed that the bags containing foreign
currency were given to Naresh and present petitioner for delivering the same at Sharjaha to some unknown person. Photograph of the petitioner was
clicked and was transmitted to the person at Sharjaha to facilitate delivery of foreign currency.
I have considered the contentions.
Considering the contentions put forth by counsel for the Union of India, I am not inclined to allow the present bail application.
The present bail application is accordingly rejected.
