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2015 Supreme(Raj) 439

PRASHANT KUMAR AGARWAL
Amal Mubarak Salim Al Reiyami – Appellant
Versus
Union of India – Respondent


Advocates Appeared
M.K. Kaushik, for Petitioner-Smt.Amal Mubarak Salim Al Reiyami & Petitioner-Smt. Shilpa Uttam Chand @ Faiza;
Pankaj Gupta, for Petitioner-Abdul Ali Jaleel;
Sarvesh Jain, Special Public Prosecutor, for Customs Department

Hon'ble AGARWAL, J.—Each of the accused-petitioners has filed a separate application for grant of bail under Section 439 Cr.P.C. in respect of the same case registered under the provisions of the Customs Act, 1962 (hereinafter to be referred as the Act) for offences under Section 132 and 135 and as these applications involve a common question of law and, therefore, with the consent of learned counsel for the parties they were heard together and are being disposed of by this common order. Copy of the order may be placed in each of the files.

2. Brief relevant facts for the disposal of these applications are that the gold total weight 350.100 gms. valued at Rs. 9,50,530/- was recovered and seized from the possession of the accused-petitioner-Shri Abdul Ali Jaleel on 2.1.2015 at Jaipur International Airport when he arrived from Muskat by Flight No.WY0271 of Oman Air and he declared a 'nil' declaration card to the Officer on duty. During his interrogation and statement recorded under Section 108 of the Act, the accused-petitioner stated and admitted that he is involved in the smuggling of gold from a territory outside India and he has smuggled gold each and every time when he visited In






















































































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