The court's decision emphasized the exercise of discretion in granting bail, considering the nature of the allegations and the lack of recovery or discovery at the instance of the applicant.

ORDER :

1. Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with DRI File Number: DRI/AZU/SRU/B/INV-11 of 2023 registered with Directorate of Revenue Intelligence, Surat Unit, for the offence punishable under Sections 135(1) (i)(a) and 135(1)(i)(b) of the Customs Act, 1962.

3. Learned Senior Advocate Mr. J. M. Panchal assisted by learned advocate Ms. Shweta Lodha for learned advocate Mr. Virat Popat for the applicant submits that secret information was received on 07.07.2023 by the officials of the Directorate of Revenue Intelligence (DRI) that four persons viz. Shri Uvesh Imtiyaz Shaikh, Shri Mohamed Sakib Bustak Ahmad Atashbajiwal, Shri Yasir Shaikh and Smt Marufabanu Yasir Shaikh traveling via Air India Express flight from Sharjah are attempting to smuggle gold into India with the help of official at Surat Airport. Therefore, the officers examined their cabin and check-in baggage by drawing Panchnama. During the panchnama proceedings, the officers carried out systematic search/examination of handbag and check-in bags of above mentioned four persons and found total 20 white coloured pouches containing 38,155.00 gram gold in paste form. The details of gold extracted from gold paste are as under:

 4. Learned Senior Advocate Mr. Panchal further submits that as per the case of the prosecution, approximately 3882 grams gold in paste form was found abandoned in the men’s washroom at the immigration area on 1st floor of Surat Airport by the CISF. Thus, total 42037 grams (38155 grams from aforesaid four co-accused and 3882 grams abandoned gold paste) was recovered by the DRI and the market value of the said gold would be of Rs.25,26,54,562/- (tariff value Rs.21,20,34,628/-). It is submitted that at the relevant time, the applicant accused was working as Police Sub-Inspector, Immigration Department at Surat Airport. Further, it is the case of the prosecution that the aforesaid four co-accused persons informed that 20 white coloured pouches containing gold in paste form and 5 black belts were handed over to them by one of the co-accused Salman bhai (from Sharjah) with a direction to hand it over to the present applicant accused in men’s washroom after arrival at Surat Airport on 08.07.2023. It is submitted that on the strength of the aforesaid material, the investigation is carried out and statements of the accused persons came to be recorded under Section 108 of the Customs Act, 1962 and ultimately a criminal complaint under Section 135 of the Customs Act, 1962 came to be registered against total 11 accused persons before the Court of learned Chief Judicial Magistrate, Surat, which was eventually culminated into Criminal Complaint No.83013 of 2023.

5. Learned Senior Advocate Mr. Panchal submits that as per the case of the prosecution, accused No.1, who belongs to Sharjah, has made an attempt to smuggle the gold by illegal way with the help of other co-accused persons and they have hatched a criminal conspiracy and in furtherance of the said conspiracy, they have to act in a particular manner as per the role assigned to them. The accused Nos. 1, 2 and 3 have yet