A.J.DESAI J. - (1.)By way of this application, the applicants have prayed to enlarge them on regular bail in connection with DRI File No.DRI/AZU/GI -02/ENQ -10/2015 of Directorate of Revenue Intelligence, Ahmedabad Zonal Office, Ahmedabad, for the offences punishable under Sections 132 and 135(1) of the Customs Act,1962 read with 120(B) of the Indian Penal Code. The said inquiry proceedings were sanctioned by the authority empowered under Section 137(1) of the Customs Act and accordingly complaint being Criminal Complaint No.118 of 2015 came to be registered in the court of learned Additional Chief Metropolitan Magistrate, Court No.11, Ahmedabad.
(2.)Pursuant to the Notice issued by this Court, the complainant i.e. respondent No.2 through its Deputy Director, DRI, Zonal Unit, Ahmedabad, Mr.Sanket S. Kale, has filed Affidavit -in -reply dated 7/12/2015 and has opposed this application.
(3.)Brief facts, emerge from the record, are as under: That the Crime Branch of Ahmedabad city had received a secret and authentic information that huge consignment of gold, is being illegally, going to arrive at Sardar Vallabhbhai Patel International Airport and, therefore, Special Operation Group headed by Police Inspector B.D.Jadeja along with his team, were keeping watch in the airport area i.e. out side of terminal. On 24/02/2015 three accused namely Clifford Antony D'Costa, Virendrasingh and Sapna Vaghela were successful in coming out from the Airport terminal with illegal consignment of 60 bars of gold, weighting 60 Kgs., having worth at Rs.16 Crores. Present two applicants/accused namely, Jayvirsing Kaden and Kapil Jaydevsingh Dagar and one another person namely Dinesh Desai had come to receive those three persons, all of six accused were cough raid handed by the said team while they were trying to load the consignment in a four wheeler. Accordingly Panchnama was prepared and an FIR being C.R.No.I -15 of 2015 was registered on the same day i.e. on 24/02/2015 for the offence punishable under Sections 406, 420, 11 & 120(B) of the Indian Penal Code with DCB Police Station, Ahmedabad. By an application dated 26/02/2015, Investigating Officer of Special Operation Group requested the learned Magistrate to add Sections 467 and 147 of the Indian Penal Code in the said offence on the ground that they have made wrong declaration in the Form, which are required to be filled in by the passengers that they had no goods for which customs duty is required to be paid. Accordingly the said sections were added in the said offence. Since there was evasion of duty and false declaration was made for bringing huge quantity of gold, the authority appointed under The Customs Act,1962, started inquiry in the matter. The applicants came to be arrested on 29/08/2015 by Intelligence Officer of DRI, Zonal Unit, Ahmedabad and thereafter also investigation continued. During the investigation, statements of accused persons u/s.108 of the Customs Act were recorded by the Agency and ultimately before completion of 60 days from the date of arrest of the applicants, a complaint came to be lodged with learned Magistrate on 29/10/2015. By considering the statements of the accused persons recorded u/s.108 of the Customs Act as well as statements of the witnesses, it was found that the present applicants were indulged in similar activities in past and several such consignments, they had received and huge amount of custom duties have been evaded. It was alleged in the complaint that brother of applicant No.1, who is an Indian National, who is settled at Dubai, who is accused No.6, is handling such illegal transactions and against whom, Red Corner Notice has been issued by the Central Government. Having received such complaints, the present applicants filed an application u/s.439 of the Code of Criminal Procedure before learned Additional Chief Metropolitan Magistrate being Criminal Misc. Application No.160 of 2015, which was dismissed by learned Metropolitan Magistrate on The applicants approached learned City Sessions Judge by way of filing Criminal Misc. Application No.4540 of 2015 and requested that they may be released on bail as investigation is over. The said application came to be rejected by learned Sessions Judge vide order dated 27/11/2015. Hence, this application.