KRISHNA PRATAP SINGH,J. - (1.) Heard Mr. Arvind Verma, learned Senior Advocate assisted by Mr. Sangam Lal Kesarwani, learned counsel for the applicant and Mr. Krishna Agarwal, learned counsel for Directorate of Revenue Intelligence (DRI) and perused the record of the case.
(2.) By means of this application, the applicant has prayed for quashing of condition Nos. 1 and 2 imposed by the Special Chief Judicial Magistrate, Meerut while granting bail to the accused-applicant vide order dated 24.5.2019 in Case Crime No. 01 of 2019, under Section 135(1)(a) and Section 135 (1) and (b) of Custom Act, 1962, police station DRI Noida, district Gautam Budh Nagar. The applicant is aggrieved by condition Nos. 1 and 2, which are as under: 1. The applicant shall deposit a sum of Rs. 1,00,00000/- (rupees one crore) as bank guarantee (security) in the court. 2. The applicant shall deposit a sum of Rs. 50,00,000/- (rupees fifty lac) before the concerned department by way of cash/cheque/draft. The applicant can get the aforesaid conditions complied with through his agent or family members, which shall, however, be subject to the final decision of the case."
(3.) It is noted that earlier for the same cause of action, the applicant has filed an Application Under Section 482 Cr.P.C. No. 21444 of 2019, which was dismissed as not pressed with liberty to file fresh application. However, instead of filing application under Section 482 Cr.P.C, learned counsel for the applicant has filed this application under Section 439(a)(b) of Cr.P.C.;