IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49648 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- D.R.I District- Muzaffarpur ====================================================== 1. Ganesh Singh Son of Jagdish Singh R/O Vill.- Chhapdwada Mohalla- Bisan Das ji ka Bad, P.o.- Sunaria, P.S.- Dudu, Dist.- Jaipur, Rajasthan 303008 2. Karam Chand Son of Ladu Ram R/O Vill.- Chhapdwada, Mohalla- Dev Narayan ji ka Mohalla, P.o.- Sunaria, P.S.- Dudu, Dist.- Jaipur, Rajasthan 303008 ... ... Petitioner/s Versus 1. The State Of Bihar BIHAR 2. The Union Of India Economic Offence Unit India ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49771 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- D.R.I District- Muzaffarpur ====================================================== 1. Norat Singh S/o Prahlad Singh R/o vill - Chhapdwada, Mohalla - Bhishan Das Jika Bad, P.O. - Sunaria, P.S. - Dudu, Distt. - Jaipur, Rajasthan 2. Prahlad Singh S/o Kalyan Singh R/o vill, P.O. and p.S. - Bidasar, Distt. - Churu, Rajasthan ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 49648 of 2024) For the Petitioner/s : Mr.Nilotpal Sharma Mr. Rahul Raheja For the DRI : Mr. Anshuman Singh, Sr. SC, DRI (In CRIMINAL MISCELLANEOUS No. 49771 of 2024) For the Petitioner/s : Mr.Nilotpal Sharma Mr. Rahul Raheja For the DRI : Mr. Anshuman Singh, Sr. SC, DRI ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 6 05-02-2025 Heard learned counsel for the petitioners learned Patna High Court CR. MISC. No.49648 of 2024(6) dt.05-02-2025 2/4 counsel for the D.R.I. 2. The petitioners have preferred this application for grant of regular bail in connection with D.R.I. P.S. Case no. 16 of 2023-24 dated 14.03.2024 registered for the offence punishable u/s 132, 133, 135A of the Customs Act. 3. As per the prosecution case, 4 packets of Foreign Origin Gold bullions weighing 13272.00 grams worth Rs. 8,62,68,000/- smuggled from Myanmar to India were recovered from the secret cavity of the car which was occupied by the petitioners, namely, Ganesh Singh and Karam Chand. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners, namely, Norat Singh and Prahlad Singh were not present on the spot rather their names have sprung up during the confessional statement of the co-accused person. Nothing has been recovered from the conscious possession of the petitioners. Learned counsel has submitted that the complainant has failed to establish in his report that the seized gold bullions were from any foreign country. The petitioners have no concern with the alleged recovery. Therefore, as the import of gold is not prohibited Patna High Court CR. MISC. No.49648 of 2024(6) dt.05-02-2025 3/4 but restricted subject to prescribed payment of duty, thus alleged recovery of gold is not prohibited goods under Section 2(33) Customs Act but it is restricted goods in view of the judgment of three Judges Bench of the Apex Court in the case of Commissioner of Customs Vs. Atul Automation Private Limited,(2019) 3 Supreme Court Cases 539. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.03.2024. 5. Learned counsel for the D.R.I. has vehemently opposed the bail petition of the petitioners by submitting that the petitioners along with the co-accused were caught red- handed while transporting foreign origin smuggled gold weighing 13272.00 grams by a Swift Dzire car from Guwahati to Delhi. Further, the petitioners had also admitted, in their statement that they were knowingly involved in smuggling of foreign origin gold bullions. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in Patna High Court CR. MISC. No.49648 of 2024(6) dt.05-02-2025 4/4 connection with D.R.I. P.S. Case no. 16 of 2023-24. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T