PRABHAT KUMAR SINGH
Sushil Kumar Raj @ Sonu – Appellant
Versus
Union of India – Respondent
ORDER
Heard counsel for the petitioner, counsel for Opposite Party nos. 2 and 3 and the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 135(1)(a) and 135(1)(b) for violation of section 7, 46 and 47 of the Customs Act, 1962 read with section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992.
3. Prosecution case in brief is that on specific information a raid was conducted on 30.06.2022 at Gaya Railway Station and the DRI authorities of Patna apprehended three persons namely, (i) Vishal Kumar (ii) Ashish Raj and (iii) Rajan Kumar Soni and 1982.340 Grams of worth Rs. 1,03,45,832/- were recovered from their possession. From possession of Vishal Kumar four pieces of Biscuits/Bullions of foreign origin gold were recovered, however, from possession of Ashish Raj seven pieces of Biscuits/Bullions of foreign origin gold were recovered and from possession of Rajan Kumar Soni two pieces of Biscuits/Bullions of foreign origin gold were recovered. It is further alleged that subsequently the statement of all the three apprehended persons were recorded under Section 108 of the Customs Act where they accepted their guilt an
The court ruled that the statutory provisions under the Customs Act render the offence non-bailable due to the substantial value of contraband, emphasizing public interest and evidence integrity.
The burden of proof regarding the smuggled nature of seized goods does not shift to the owner until the revenue first establishes, through cogent and objective evidence, their foreign origin. Reasona....
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