ORDER :

1. The petitioners have filed this writ petition under Article 226 of the Constitution of India against the order dated 22.05.2021 (Annexure P/1) passed by the Chief Judicial Magistrate, Raipur (C.G.) in Crime No. 10/2021, by which the application for grant of interim bail filed by the petitioners, has been rejected.

2. The brief facts, as projected by the petitioners, are that on 11.05.2021, the petitioners moved an application for grant of interim bail for 90 days before Chief Judicial Magistrate, Raipur as per direction of Hon'ble the Supreme Court in matter of Suo Motu Petition (C) No. 01/2020 in Contagion of Covid 19 Virus in prisons for releasing them for 90 days looking to the present scenario of pandemic Corona (Covid-19) mainly contending that the petitioners are engaged in trading of gold and silver ornaments in shop owned by petitioner No.1 situated at Rajnandgaon. Upon an intelligence input received by respondent authorities on 01.05.2021, the respondents seized certain amount of foreign origin gold bars from Ranjeet Maruti Phate and Jijoba Shankar Kadam at Raipur. It is alleged by the respondent authorities that as per the information provided by Ranjeet Maruti Phate and Jijoba Shankar Kadam, the delivery of seized gold was to be given to petitioner No. 3-Shekhu @ Sushil Kumar Jain of Rajnandgaon and his accomplice/petitioner No. 2-Cheeku @ Gautam Baid, who had informed that they had come to take delivery of the seized gold upon instruction of petitioner No. 1-Vijay Baid. The respondent authorities had conducted search and seizure proceedings at residential/ business premises of the petitioners at Rajnandgaon, which continued from 01.05.2021 to 02.05.2021. The petitioners were arrested by respondent authorities at their office at Raipur on 03.05.2021 for alleged commission of offence under Section 135 of the Customs Act, 1962 (for short “the Act, 1962”). It was on the complaint of the petitioners before higher authorities of the respondents, the investigation agency had given the copy of search and panchnama as per order dated 22.05.2021 passed by Chief Judicial Magistrate, Raipur (C.G.).

3. The respondents have filed reply on 18.05.2021 (Annexure P/8) to the application dated 11.05.2021 filed by the petitioner for grant of interim bail mainly contending that the officers of Directorate of Revenue Intelligence (DRI) Raipur Unit has seized the foreign origin 116 bars gold from Ranjeet Maruti Phate and Jijoba Shankar Kadam. The value of 116 gold bars (13.530 Kg.) was Rs.6,56,21,664/-. On seizure proceeding on 01.05.2021, as per information given by the accused persons, officers of DRI have conducted further action on 02/03.05.2021 in the premises of petitioner No. 1-Vijay Kumar Baid and seized 4.652 Kg. gold value of Rs.2,25,63,782/-. They have also seized 4563 Kg. silver value of Rs.30,80,32,626/-. They also seized unaccounted cash money of Rs.32,35,100/-. The accused Ranjeet Maruti Phate and Jijoba Shankar Kadam have voluntarily accepted their guilt on the statement recorded as per Section 108 of the Act, 1962. After arrest, they have been sent to the court of Chief Judicial Magistrate, Raipur, who has given order for two days remand upto 05.05.2021 and thereafter, both accused persons have been sent to judicial custody till 18.05.2021. It is also submitted that the offence committed by them was within the category of smuggling as the foreign gold and silver has been smuggled to India without any valid document. The offence committed by them is also held to be an offence under provision of the Money Laundering Act, 2002 (for short “the Act, 2002”) by Enforcement Directorate (ED), as such, the information in various departments is also being given. It is further submitted that the offence enumerated in the Act, 2002, the Customs Act has also been included in the schedule as per paragraph 29 Part-B as provided under Section 2(y) “schedule offence” of the Act, 2002 as the value involved in such case is more than