An application for pre-arrest bail is premature when a notice under Section 108 of the Customs Act is issued, as it interferes with the statutory powers of Customs Officers.

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (‘Code’, for the sake of brevity), for an order of pre-arrest bail.

2.The petitioner apprehends arrest in O.R. No.DRI/CoZU/CHN/01/ENQ-01/2024 of the Directorate of Revenue Intelligence, Zonal Unit, Cochin.

3.The concise case of the respondent is that: the officers of the respondent learnt that a gang was indulging in smuggling of gold from Abu Dhabi to India by using carrier passengers by way of rectum concealment of gold in compound form. The petitioner is suspected to be the mastermind and main sponsor of the gang. Consequently, the petitioner was served with multiple summons under Sec.108 of the Customs Act, 1962 . But, the petitioner is not co-operating with the investigation and is absconding from his known addresses of business and residence. Acting on an intelligence information, on 8.2.2024, the officers of the respondent intercepted the fifth accused who arrived from Abu Dhabi and conducted a body search on him. 910 grams of gold in compound form was recovered from him. Based on his deposition, the first accused, who had gone to the airport to collect the smuggled gold from the fifth accused, was intercepted and his vehicle was searched. In the search, three oval shaped balls containing gold paste weighing 910 grams were also seized. He stated that he had collected the same from the fourth accused as per the instructions of one Santhosh of Abu Dhabi. During the interrogation of the first accused, he stated that Santhosh had directed him to collect the gold from the third accused who would be arriving on 8.2.2024. He also stated that one more carrier would be arriving in the Trivandrum International Airport. The second accused was directed to collect the gold in the compound form from the arriving passenger. In the meantime, a person named Ishak Malekudy Ibrahim was intercepted and 910 grams of gold in compound form was seized from him. In the meantime, four oval shaped balls containing 1075 grams of gold paste was recovered from the possession of the second accused. During his interrogation, he stated that he was directed to deliver the gold to Riyas (petitioner) of Mehrish Jewellary, Koppam. Based on the further disclosures made by the accused and searches conducted at Koppam, currency worth Rs.26/- Lakh and gold compound weighing 540 grams were seized from a premises near to Mehrish Jewellary. In the search conducted at Mehrish Jewellary, Rs.2,15,390/- and foreign currency of different denominations, equivalent to Rs.3,39,098/-, gold coins of 22 Ct purity (17 Nos x 8 grams), 2 Nos of gold discs 24 Ct (37 grams x 2) and one gold chain (22 Ct – 12 grams) valued at Rs.13,34,516/- were also seized. A search was conducted at the residence of Meharose, the brother of Riyas, and currency worth Rs.3,66,500/- and documents pertaining to gold smuggling and a car were seized. The gold in paste form was recovered from various persons was melted and 4050 grams of 24 carat pure gold valued at Rs.2.6 crore was recovered. The accused could not produce any documents to prove the acquisition of the above contraband articles. The accused stated that the gold ornaments were intended to be handed over to Riyas.

They also admitted that they had handed over smuggled gold to Riyas on previous occasions. Riyas has been identified by the accused. The accused 1 to 5 have been placed under arrest by the Intelligence Officer of the respondent. During the course of investigation, searches have been conducted and incriminating materials have been recovered. The investigation so far indicates that the Riyas is one of the masterminds of the entire operation and the key operator of the smuggling syndicate. He appears to have been directly involved in delivering gold weighing 4050 grams worth Rs.2.60/- crore, which was seized by the respondent on 8.2.2024.

4.Heard; Sri. Manu Tom, the learned counsel appearing for the petitioner and Sri. Sreelal N.Warrier, the learn