Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. DHEERAJ MOR : Ld. ASJ-06 : NEW
DELHI DISTRICT : PATIALA HOUSE COURTS : NEW
DELHI
Bail Application No. 1175/2024
Customs Vs. Abdulkodir Turusunov
File No. VIII (AP)(10) P & I 4928-C/Arrival/2024
PS Air Customs, T3, IGI
U/s. 132/135A Customs Act, 1962
07.08.2024
This is an application under Section 439 CrPC for
seeking regular bail of the applicant Abdulkodir Turusunov.
Present: Sh. Puneet Singhal, Ld. Special PP for the Customs
(through VC) and Ms. Shaheen, Advocate along
with ALO Sh. Preet Singh in person.
Ms. Shikha Sapra, Mr. Navneet Panwar and Mr.
Dhruv Sharma, Ld. Counsels for the applicant.
1. Reply to the bail application is filed. Its copy is
supplied to the other side.
2. Arguments on the application are heard. Case file,
application and its reply are carefully perused.
3. Briefly stated, the applicant along with four other
co-accused persons were detained by the customs department
when they were traveling from Mumbai to Delhi in domestic
flight no.6E-762 and recovery of 2814 gram of high purity gold
valued at Rs. 2,11,59,198/- was effected from their joint
possession.
4. Ld. Counsel for the applicant submits that he has not
been previously convicted in any other case. The value of
recovered gold (626 grams) from the applicant is admittedly Rs.
47,07,057/- only but the recoveries from five other accused
persons have been clubbed to make out a non bailable offence
after obtaining statement under duress. The investigation qua him
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is already complete. The offence under Customs Act are
compoundable in nature. Co-accused with identical allegations
have already been granted bail. With these submissions, it is
requested that he be released on regular bail.
5. On the other hand, Ld. Special PP for the Customs
has strongly opposed this application. The applicant is a
professional smuggler. He is a frequent traveler and repeat
offender being aware of the Customs Rules. He submits that they
formed a junta of five persons to smuggle huge quantity of gold
without paying customs duty to feign it to be the bailable offence
qua individual. If released on bail, the investigation will be
throttled as he would manipulate all recipient/beneficiary of gold
in India and he may run away from justice.
6. The applicant was arrested on 24.05.2024 and he
was found in possession of 626 grams two gold chains having
value of Rs. 47,07,057/-. Recovered gold has already been
seized. All the evidence is documentary in nature and in the
custody of investigating agency. Except the bald submissions, no
material is placed on record to show any threat to the witnesses
or tampering with evidence. Furthermore, the apprehension of
fleeing from justice and tampering with evidence, if any, can be
taken care by imposing appropriate conditions in this regard. The
co-accused persons with similar allegations have already been
released on bail. The trial of this case is likely to take
considerable time. No fruitful purpose would be served by
further curtailing his liberty. Further, this court is conscious of
the settled principle of bail that “Bail is rule and jail is an
exception”. The said sacrosanct principle is one of the crucial
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guiding factor for disposing off bail applications.
7. In view of facts and circumstances of the case, I am
of the considered opinion that no useful purpose is going to be
served by keeping the applicant further in judicial custody, the
applicant Abdulkodir Turusunov is admitted to bail on furnishing
bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety in the like amount to the satisfaction of Ld.
CMM/Ld. MM/Ld.Duty MM/Link MM concerned and subject to
the following conditions :-
I. The applicant shall furnish to the investigating agency, a cell
phone number on which he may be contacted at any time and
shall ensure that the said number is kept active and switched-
on at all times;
II. He shall not tamper with evidence nor otherwise indulge in
any other act or omission that is unlawful or that would
prejudice the proceedings in the pending matter; and
III. He shall not leave the country without prior permission of the
court concerned and shall surrender his passport with the
concerned court, within 07 days of his release.
8. Nothing expressed herein above shall tantamount to
an expression of opinion on the merits of the case.
9. The application is accordingly disposed off.
10. At request, a copy of this order be given
dasti. to Ld.
Counsel for the applicant and in compliance of Sanjay Singh vs.
State (Govt. of NCT of Delhi), Writ Petition Criminal No.
974/22, copy of this order be also sent to the concerned Jail
Superintendent to convey the order to the applicant/inmate.
(Dheeraj Mor)
Bail Roster Judge
ASJ-06/NDD/PHC
New Delhi:07.08.2024
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