Kerala High Court
Jamsheed Ahammed Gudde vs Superintendent Of Customs on 22 November, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2017/1ST AGRAHAYANA, 1939
Bail Appl..No. 7959 of 2017 ()
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O.S. NO. 79/2017 OF AIR INTELLIGENCE UNIT
THIRUVANANTHAPURAM DISTRICT
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PETITIONER/ACCUSED:
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JAMSHEED AHAMMED GUDDE,
AGED 3O YEARS, S/O. MUHAMMED AHAMMED GUDDE, RESIDING AT
'GUDDE HOUSE', KASARGODU, KUMBLA VIA MOGU POST,
KASARGOD- 671321, KERALA.
BY ADVS.SRI.G.RANJU MOHAN
SMT.M.SANTHI (K/868/2011)
RESPONDENT/STATE:
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SUPERINTENDENT OF CUSTOMS,
AIR INTELLIGENCE UNIT, AIR CUSTOMS, INTERNATIONAL AIRPORT,
THIRUVANANTHAPURAM- 695 001.
BY ADV. SRI.SASTHAMANGALAM AJITHKUMAR, PP FOR
CUSTOMS,COCHIN COMMISSIONER ATE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 22-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sdr/-
RAJA VIJAYARAGHAVAN V., J
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B.A. No.7959 of 2017
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Dated this the 22nd day of November, 2017
ORDER
1.This application is filed under section 439 of the Code of Criminal Procedure.
2.The petitioner herein is the sole accused in O.S. No.79 of 2017 of Air Intelligence Unit, Thiruvananthapuram.
3.The petitioner who was traveling by flight No.6E038 dated 21.10.2017 was intercepted by the Air Intelligence Unit on the basis of information that he was carrying gold of foreign origin. The search on his person revealed that he had concealed four packets of gold weighing approximately 4000 gms of 24 caret purity which were concealed in mobile pouches found inside his luggage. The gold seized was valued at Rs.1,20,72,000/-. He was arrested then and there and a case was registered under sections 132 and 135(1)(a) of the Customs Act, 1962. BA 7959/2017 2
4.The learned counsel appearing for the petitioner submits that the petitioner is employed in a mobile shop at Dubai and has been working there as such for the past six months. As his wife was pregnant he had come to India to attend to his wife. The allegations of seizure of gold from his possession is absolutely false. It is further submitted that as he was arrested on 21.10.2017 and has been in custody since then.
5.A detailed objection has been filed by the Superintendent of Customs, Air Intelligence Unit wherein it is stated the goods were carried by the petitioner knowingly with intent to smuggle in gold. It is stated that the statement under section 108 of the Customs Act has been recorded which points to his complicity.
6.I take note of the fact that the petitioner was arrested on 21.10.2017 and his custody was handed over to the officer investigating the matter. The statement recorded from the petitioner reveals that the petitioner was being BA 7959/2017 3 contacted by an agent who waits at the arrival gate to receive the carrier as per earlier arrangement. The details of the call records of the petitioner have been taken and it is submitted that his passport has been impounded. The investigation has also proceeded to a fair stage and no purpose would be served in detaining the petitioner. In that view of the matter, I am of the considered view that the petitioner can no be enlarged on bail.
7.In the result, this application will stand allowed, subject to the following conditions:
(a)The petitioner shall be released on bail on his executing a bond for Rs.2,00,000/-(Rupees Two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. One of the sureties shall be a near relative of the petitioner.
(b)The petitioner shall appear before the officer concerned on all Mondays and Saturdays between 9 AM and 1 PM, for 3 months or till final report is filed, whichever is earlier.
(c)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.BA 7959/2017 4
(d)The petitioner shall not commit any offence while he is on bail.
(e)If the passport of the petitioner has not been impounded as stated, the same will be surrendered by the petitioner before the jurisdictional court. The petitioner shall not leave the country for any reasons whatsoever.
If modification of these conditions are required, the petitioner may move the court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE vps 22/11 /True Copy/ PS to Judge