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2023 Supreme(All) 611

SAMEER JAIN
Mohd. Tufial – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Applicant : Anil Kumar Srivastava.
For the Opposite Party : A.S.G.I., Krishna Agarawal, Vinay Kumar Singh.

JUDGMENT :

1. Since both the instant bail applications have arisen out of Case No.2 of 2022, under Sections 135(1)(A) and 135(1) (B) of Customs Act, 1962 ( in short the Act ) through Directorate of Intelligence, therefore, both the bail applications are being decided by common order.

2. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri Ali Jamal Khan and Sri Anil Kumar Srivastava, learned counsels for the applicants, Sri Krishna Agarwal, learned counsel for DRI-opposite party no.2, Sri Vinay Kumar Singh, learned counsel for the Union of India and Sri Tanay Kumar, learned AGA, for the State.

3. The instant applications have been moved on behalf of the applicants with the prayer to release them on bail in Case Crime No.02 of 2022, under Sections 135(1)(A) and 135(1)(B) of Customs Act, 1962, through Directorate of Intelligence, during pendency of the trial.

BRIEF FACTS:

4. According to the prosecution, on 6.11.2022 an intelligence input was received by DRI that some persons, who were travelling in Train No.22422 in Coach-B-5 at Seat No.2, 3,54 and 56 are smuggling the foreign origin gold and they boarded in the Train from Jodhpur, Rajasthan and are going to deliver smuggled for

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