The Delhi High Court has granted the bail to the person accused of dealing in smuggled gold of the value of about Rs.85 Lakhs and there was evasion of Customs Duty of Rs.35 Lakhs.
The bench of Justice Neena Bansal Krishna has observed that in view of recovery of 3 kg of gold, the Metropolitan Magistrate has rightly observed that it comes under the category of bailable offence and has rightly granted bail to the Respondents.
There are specific allegations against the Respondent/accused who had dealt with and seized gold weighing 3000 gms appraised to Rs.85,28,745. In four visits, he had also dealt with smuggled gold collectively weighing 8000 gms valuing Rs.2.27 crore.
The department submitted that the accused were also dealing with smuggled gold of 8000 gms valuing Rs.2.27 crores. It is a case of possession / dealing with 11 kg of smuggled gold having foreign making valued at Rs.3,12,28,745. Therefore, the Order granting Bail to the Respondents deserves to be set aside.
The court held that the Metropolitan Magistrate has considered the facts and has granted Bail. It is only incidentally mentioned that the offence disclosed is ‘bailable’, whereas the Bail has been granted considering the entire facts of the present case. The Bail was granted and no circumstance has been brought fourth for reconsideration of the bail.
Case Details
Case Title: Air Customs Versus Sandeep & Ors.
Case No.: CRL.M.C. 3283/2018 & Crl.M.A. 11883/2018 & Crl.M.A. 11885/2018
Date: 14.05.2025
Counsel For Petitioner: Satish Aggarwala, Senior Standing Counsel
Counsel For Respondent: Deepak Nagar, Advocates
