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PANKAJ BHANDARI, ANOOP KUMAR DHAND
Azaz Khan – Appellant
Versus
N. I. A. Through Special P. P. – Respondent
JUDGMENT
1. Accused appellant - Azaz Khan has preferred D.B. Criminal Appeal No.132/2021 aggrieved by the order dated 23.4.2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur; accused appellant - Rashid Qureshi has preferred D.B. Criminal Appeal No.22/2021 aggrieved by the order dated 12.1.2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur; accused appellant - Amzad Ali has preferred D.B. Criminal Appeal No.77/2021 aggrieved by the order dated 23.4.2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur and accused appellants - Ramchandra and Mukesh has preferred D.B. Criminal Appeal No.105/2021 aggrieved by the order dated 20.11.2020 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur whereby bail applications preferred by the accused appellants were rejected by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur.
2. Succinctly stated the facts of the case are that on 3.7.2020 Custom Officers seized about 18 kg gold bars from the possession of ten persons, namely, Ramchandra, Mohd. Aarif, Sunil Verma, Mohd. Maqbool, Subhash, Mohd. Aalam, Rashid Qureshi, Mukesh, Surendra Kumar and Hetram at Jaipur Airport and case was registered aga
Smuggling of gold, even with intent to threaten economic security, does not constitute a terrorist act under Section 15(1)(a)(iiia) of the UA(P)A.
If a class can be found, but the specific words exhaust the class, then rejection of the rule may be favoured because its adoption would make the general words unnecessary; if, however the specific w....
Definition restricts it to counterfeiting of high quality currency. Needless to say that neither the charge-sheet nor the learned Special Court speak of any other terrorist act as defined under S.15(....
The court held that the offence under the Customs Act is bailable as the value of gold in individual possession is below Rs. 1 Crore, classifying the goods as restricted rather than prohibited.
The court held that the offence under Section 135 of the Customs Act is bailable when the value of the goods is below Rs. 1 Crore and classified as restricted rather than prohibited.
Section 135 of Customs Act, 1952 reads as evasion of duty or prohibitions.
Smuggling of valuable materials, such as gold, can constitute a terrorist act under the Unlawful Activities (Prevention) Act, 1967 if done with intent to threaten the economic security of the country....
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