Manoj Singh @ Sardar Manoj Singh V. The Union of India through the Principal Commissioner Customs and The Deputy Director of Revenue Intelligence and The Director Revenue Intelligence

CR. MISC./19763/2024

AI Insights

The case involves Manoj Singh, who sought anticipatory bail in connection with a customs violation case where gold allegedly smuggled from Bangladesh was seized. The petitioner argued that he was falsely implicated based on a confessional statement of another accused, which he claimed lacked evidentiary value. The prosecution, represented by the D.R.I., opposed the bail, highlighting the differences between this case and a similar case where anticipatory bail was granted. The court decided against granting bail, emphasizing the absence of any evidence supporting the petitioner's claims of legitimate business dealings.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 821277 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 18-04-2024
• Assessment Year: misc
• Other Referred Cases: Raj Kumar Vs. The Union of India & Ors.
• Laws Referred To: Customs Act, 1962, Foreign Trade (Development and Regulation) Act, 1992
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: ANSHUMAN SINGH; RANJAY
• Assessee Lawyers: AKHILESH VERMA
• Keywords: Anticipatory bail; Confessional statement; Customs; Economic offence; Gold Seizure; Smuggling
• Section: 7; 46; 47; 3(2); 135(1)(a); 135(1)(b)

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19763 of 2024 Arising Out of PS. Case No.-361 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Manoj Singh @ Sardar Manoj Singh Son of Sardar Rameshwar Singh Resident of Jani Bazar Gurudrawara Road, P.S.- Sasaram, Town- Sasaram, Dist- Rohtas ... ... Petitioner/s Versus 1. The Union of India through the Principal Commissioner Customs C.R. Building, B.C. Patel Path, Patna 2. The Deputy Director of Revenue Intelligence C.R. Building, B.C. Patel Path, Patna 3. The Director Revenue Intelligence C.R. Building, B.C. Patel Path, Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Verma, Adv. For the Opposite Party/s : Mr. Anshuman Singh, Sr. S.G. Mr. Ranjay, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 18-04-2024 1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the D.R.I. 2. The petitioner apprehends his arrest in connection with Economic Offence (Customs) Case No.361© of 2022, registered for the offence punishable under Sections 135(1)(a) & 135 (1)(b) for violation of Sections 7, 46, and 47 of the Customs Act, 1962 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992, pending in the court of learned Special Judge Economic Offences-cum-Sub-Judge-1, Patna. Patna High Court CR. MISC. No.19763 of 2024(2) dt.18-04-2024 2/3 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that as per Section 135 of the Customs Act, any seizure of gold made up to Rs.1 Crore is bailable but in the present case the petitioner has been implicated based on confessional statement and gold was seized from three different places and cumulatively it has been alleged that 1982.340 grams of gold was apprehended which was smuggled from Bangladesh. It is further submitted that the petitioner came to be implicated in the instant case based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value. The learned counsel next draws the attention of the court to an order dated 29.02.2024 in Cr. Misc. No.72548/2023 (Raj Kumar Vs. The Union of India & Ors.) to submit that Raj Kumar was also implicated in the instant case based on confessional statement of apprehended accused but was granted the privilege of anticipatory bail by a learned Co- ordinate Bench, thus seeking parity, the petitioner also seeks anticipatory bail. 4. Learned counsel appearing on behalf of the D.R.I. submits that perhaps what escaped the attention of the learned Patna High Court CR. MISC. No.19763 of 2024(2) dt.18-04-2024 3/3 counsel for the petitioner is that Raj Kumar was granted the privilege of anticipatory bail after the learned co-ordinate Bench took into consideration all the material documents which were brought on record to demonstrate the he is a businessman and was dealing in gold and had purchased the gold and the biscuits after paying proper income tax, on the contrary, there is nothing in the present anticipatory bail application to even remotely suggest that as to what the petitioner does. 5. Considering the submissions made by the learned counsel for the D.R.I., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the present anticipatory bail of the petitioner is rejected. amit/- (Satyavrat Verma, J) U T "