Amalhalder And ANR v. Union Of India

14.08.2023 (D/L 07) Ct. No.29 (Rejected) (SKB) CRM (A) 2921 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Seizure Case No.03/IMP/UNCL/BSF/ BGD/CUS/2023-24 of 2023 dated 22.05.2023 under the Customs Act, 1962.

In the matter of : Amal Halder and another ... Petitioners Mr. Susnigdho Bhattacharyya, Ms. Bidisha Chakraborty ... for the petitioners Mr. Vipul Kundalia, Ms. Rajashree Kundalia, Ms. Aishwarya Rajyashree, Ms. Manosi Mukherjee ... for the Customs Authorities

1. Learned Counsel for the Customs Authority submits that from the statement of the witnesses and the BSF personnel, the connection of the petitioners is coming forth so far as smuggling of gold is concerned and the petitioners are not responding to the summons issued by the Customs under Section 108 of the Customs Act, 1962.

2. Regard being had to such facts, we are not inclined to exercise our discretion in favour of the petitioners under Section 438 Cr.P.C.

3. The prayer for anticipatory bail is rejected.

4. Accordingly, CRM(A) 2921 of 2023 is dismissed. (Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)