JUDGMENT

Bibek Chaudhuri, J. - Background of the case

1. On the basis of source information that accused Sanjay agarwal was trying to divert 54.096 kg gold jewellery meant for export from NSCBI airport, Kolkata to the domestic area after completion of all export formalities. The shipping bill and documents showing customs duty were filed in the name of Shri Ganesh Jewels, Hyderabad for export of the said gold jewellery to Dubai on 4th april, 2018 on hand carry basis through Preet Kumar agarwal, son of the accused. On the date of journey to Dubai for exporting the said gold jewellery, Preet went to the office of the SDO, Customs at NSCBI airport being accompanied by a preventive officer of the Customs Department. The SDO, Customs verified the sealed consignments and handed over the same to Preet Kumar agarwal at his office itself violating the procedure of handing over the sealed boxes at the security hold or boarding area itself. after receiving the said articles, he put it to a strolley bag and handed over the strolley bag to his father, the accused herein. Then Sanjay went straight to cargo complex, broke the seals of customs affixed on the boxes and booked them with Indigo airline