Advocates:
['M/s Sivabalan K', '', 'Amal Antony A', 'Solai Alagan PL S', '', 'Special Public Prosecutor', '', 'M/s Arul Vadivel @ Sekar C', '', 'Memo of Apperance Filed', 'Counter filed', 'Citations filed']

CRL OP(MD). No.6955 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Reserved on : 27/04/2022

Delivered on : 18/05/2022

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL OP(MD). No.6955 of 2022

Mohammed Azarudeen

... Petitioner/Sole Accused

Vs

The State Rep. By,

The Senior Intelligence Officer,

Directorate of Revenue Intelligence,

Cantonment, Trichy-620001.

F.No.DRI/CZU/TRY/VIII/48/ENQ-1/

INT-5/2021 DRI, Trichy..

... Respondent/Complainant

For Petitioner : Mr.K.Sivabalan,

Advocate.

For Respondent : C.Arul Vadivel @ Sekar,

Spl. Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

To enlarge the Petitioner on bail in the event of his arrest in

connection with the case in F.No.DRI/CZU/TRY/VIII/48/ENQ-1/INT-

5/2021DRI, Trichy. on the file of the Respondent Police and pass

orders as this Hon'ble Court.

ORDER : The Court made the following order :-

The petitioner/accused, who apprehends arrest at the hands

of the respondent police for the offences punishable under Section

135(1)(d) of Customs Act, 1962, registered by the respondent

in F.No.DRI/CZU/TRY/VIII/48/ENQ-1/INT-5/2021DRI, Trichy, seeks

anticipatory bail.

2.The case of the prosecution is that based on a specific

intelligence that a smuggling gang comprising Shri.Mohamed Abuthagir

of Thuvarankurichi and Mohamed Arif of Trichy among others are

attempting to smuggle foreign origin gold by deeply and ingeniously

concealed in the house hold articles, imported through Foreign Post

office, Chennai in the guise of genuine Postal Parcels to evade

detection during Customs Clearance, that the said parcel has been

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CRL OP(MD). No.6955 of 2022

sent by the gang's associates abroad by giving their known persons

name and addresses, who are based around Trichy, as receivers of the

parcels by mis-declaring the description and value of the items and

that the said persons are making attempt to take delivery of the

consignment from the post office by hoodwinking the Postal/Customs

authorities.

3.It is the further case of the prosecution that in pursuance

of the said intelligence, the Officers of Directorate of Revenue

Intelligence (DRI), Trichy, narrowed down the suspected parcel

having booking No.EE103766350AE originating from Dubai and

addressed to one Shri.Subash Chandra Bose of Trichy, through open

sources, that the consignment was opened in the presence of two

independent witnesses, that the consignment consisted of food stuff,

food containers, ladies bag, kitchen utensils, stainless steel

stands, jerkin etc., that the Officers found some yellow color metal

rods appeared to be gold, concealed in a deep manner and recovered

the same, that the Officers have recovered totally 17 pieces

weighing 2391 grams, that the Government approved Gold Assayer, who

has found that the said items are of 24ct Gold of foreign origin

totally weighing 2391 grams valued at Rs.1,17,39,810/-, that another

team of Officers of DRI, Chennai, in pursuance of same intelligence,

narrowed down another postal consignment bearing No.EE103766448AE,

imported in the name of one R.Vinoth of Trichy at Foreign Post

Office, Meenambakkam, Chennai and conducted detailed examination of

the said consignment by following due procedure and recovered and

seized 35 numbers of gold rods totally weighing 2694 grams valued at

Rs.1,31,19,780,/- under a Mahazar, dated 30.10.2021.

4.The learned Special Public Prosecutor appearing for the

respondent would submit that they have summoned and recorded the

voluntary statements of Shri.Mohammed Abuthagir and Shri.Mohammed

Arif under Section 108 of Customs Act and in their statements that

the petitioner Mohammed Azarudeen alone had sent the consignments

addressed to some persons unconnected