Rajni Soni v. Union Of India Through The Intellignece Officer, Directorate General Of Revenue Intelligence Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33765 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- D.R.I District- Patna ====================================================== Rajni Soni Wife Of Arun Soni Village-M1/25 Model Town Third Stop Model Town Ps- Model Town North West Delhi ... ... Petitioner
Versus
Union Of India Through The Intellignece Officer, Directorate General Of Revenue Intelligence Patna Union Of India Through The Intellignece Officer, Directorate General Of Revenue Intelligence Patna Regional Patna, Malaynil Buddha Colony Main Road ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul, Advocate For the DRI, Patna :
Mr. Anshuman Singh, Sr.SC Customs.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and the Directorate of Revenue Intelligence (DRI).
2. Petitioner seeks bail in a case registered for the offence punishable under sections 135 (i)(a) and 135 (1)(b) of the Customs Act.
3. As per allegation in the FIR, petitioner was arrested by the officials of Directorate of Revenue Intelligence (DRI), Patna from Berth No.13 of H 1 Coach of Rajdhani Express at Patliputra Railway Station, Patna and 12 pieces of gold bullion and 2 cut pieces of gold bullion of worth Rs.1.28 crore were recovered from her possession.
4. Learned counsel for the petitioner submits that the allegation of recovery of gold of foreign origin is false as no mark of foreign origin was found on the recovered gold and in such circumstance, punishment is of 3 years imprisonment. Act constituting offence under section 135(1)(b) of the Customs Act is not delineated as non-bailable offence under section 104(6) of the said Act and hence,. As per section 104(7) of the Act, the offence is bailable. Petitioner is a lady, claims clean antecedent and is in custody since 10.2.2024.
Patna High Court CR. MISC. No.33765 of 2024(6) dt.25-10-2024 2/2
5. By filing counter affidavit, learned counsel representing the Directorate General Of Revenue Intelligence, has opposed the prayer for bail to the petitioner. He submits that petitioner was not carrying valid document in support of purchase or import of the said recovered gold. Petitioner has confessed her conscious involvement in transportation/possession/carriage of foreign origin smuggled gold bullions/cut pieces. Petitioner was produced before the Gazeted officer of the Customs as soon as possible as per requirement of section 102 of the Customs Act, 1962.
6. In compliance of order of this court dated 19.7.2024, trial court's report dated 23.7.2024 is on record. Trial court's report reveals that the case is pending for appearance of one accused person and summon has already been issued in this regard.
7. Considering the fact that the petitioner is a lady having clean antecedent coupled with the fact that the case is pending at the stage of appearance of accused person, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Court, Economic Offence, Patna in Directorate of Revenue Intelligence (DRI), Regional Unit, Patna Unit Case No. 25 of 2023-24 dated 10.2.2024 (Special Case No. 13(O) 2024.
Shashi (Prabhat Kumar Singh, J) U T