Final Order 1

Order Details: Bail Order
Pdf Text: 1 R. A. No. 673 of 2026
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
19TH COURT ESPLANADE, MUMBAI
COMMON BAIL ORDER ON BAIL APPLICATIONS
IN R. A. NO. 673 OF 2026, DRI, MUMBAI.
1) Bail Application No. 1306 of 2026
Applicant/Accused No. 1 – Mohamed Urwa s/o Adul Razak Kola
And
2) Bail Application No. 1305 of 2026
Applicant/Accused No. 2 – Rajesh Vishnu Manjarekar
And
3) Bail Application No. 1303 of 2026
Applicant/Accused No. 3-- Zaheer Muzaffar Qureshi
And
4) Bail Application No. 1302 of 2026
Applicant/Accused No. 4 – Mohammed Ajhar Kazi
And
5) Bail Application No. 1304 of 2026
Applicant/Accused No. 5 – Mohammed Ahmed S/o Mohamed Gouse
Fakki Ahmedi
….. Applicant Nos. 1 to 5
V/s.
The Union of India
Through- DRI, Mumbai ..… Respondent
ORDER
1] These Bail Applications are filed by applicants/accused Nos.
1 to 5 for releasing them on bail as per Section 480 of BNSS, 2023.
They have requested to release them in connection with File No.
DRI/MZU/B/INT-99/2026 registered with DRI punishable under
Section 135 (1) (i) of Customs Act, 1962.
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2] It is stated that, all applicants/accused were arrested and
produced before the Court on 23/07/2026 for the offence of smuggling
of gold valued at Rs. 5,63,62,400/- The case of prosecution is that the
officers of DRI developed specific intelligence that a passenger named
Mohamed Urwa, accused no. 1 arriving from Dubai, UAE will conceal
the gold in the aircraft of Flight EK504 which will be further retrieved
by the airport staff employed by AGH Port Aviation Services PL i.e.
Rajesh Manjrekar, accused no. 2 and Zaheer Qureshi, accused no. 3 for
further smuggling the gold out of the CSMI Airport Mumbai premises.
3] It is stated that, Mohamed Urwa, accused no. 1 was
identified and intercepted on 22/07/2026. The applicant/accused no. 2
and 3 were identified and intercepted. The applicant/accused no. 2 and
3 were informed that, they need to search under a reasonable belief
during personal search of Zaheer Qureshi, 2 black coloured pouches
were recovered from his trouser pockets. On enquiry, Zaheer, accused
no. 3 informed that he was directed by Rajesh Majrekar, accused no. 2
to retrieve the said pouches which were secreted in the washroom of
flight EK504 arrived on 22/07/2026. On removal of the black adhesive
tape, the said pouches contained 24 Kt gold, weighing 3866.00 grams
and 3760 grams valued at Rs. 5,63,62,400/-
4] It is stated that, during further enquiry with Rajesh Manjarekar,
accused no. 2, he informed that, he was working for a person named
Ajhar. He was allotted the work on supervising the cleaning staff who
would recover the smuggled gold from the E toilet/washroom of the
flight. Both worked for monetary consideration for Ajhar alias Aamir.
Further, Manjrekar informed that Ajhar alias Aamir was waiting outside
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the airport and the smuggled gold would be handed over to him by
Zaheer Qureshi. The entire chain of events was carried out in controlled
manner and Ajhar alias Aamir was intercepted outside the CSMI
Airport, Mumbai. It is stated that, on intercepting Ajhar alias Aamir,
informed that he was working on the direction of Mohammed Ahmed
alias Mustaf for monetary consideration. Mustaf was also apprehended
outside on the same day.
5] It is further stated that, the applicants/accused are innocent and
nothing to do with the case. They are not the owner of the seized gold
nor claiming the gold in future. They have been falsely implicated in the
case by the officers of respondent. The seized gold is already with the
respondent on 22/07/2026 and there is nothing more that needs to be
recovered. They are in judicial custody since 23/07/2026. Not a single
statement was recorded in jail and no officer have visited them in
Judicial custody for any investigations and the department has failed to
show any progress done in this case. The department has not shown
what investigations are pending in this case. The applicants are willing
to co-operate with the department and all are Indian nationals. No
further investigation is required and applicants/accused are ready to co-
operate with the officers.
6] On the other hand, the respondent DRI, Mumbai has
resisted the application to release the applicants on bail. It is stated
that, specific intelligence was developed by the officers of the
respondent that a passenger, Mohamed Urwa S/o Abdul Razak Kola,
arriving from Dubai, UAE, by Emirates Flight No. EK-504 on
22.07.2026, would conceal smuggled gold inside the aircraft, which
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would thereafter be retrieved by airport staff employed with M/s. AGH
Port Aviation Services Pvt. Ltd., namely Rajesh Vishnu Manjarekar and
Zaheer Muzaffar Qureshi, for further removal of the smuggled gold out
of the CSMI Airport, Mumbai premises.
7] It is further stated that, Mohamed Urwa was identified and
intercepted on 22.07.2026. Rajesh Vishnu Manjarekar and Zaheer
Muzaffar Qureshi, being the cleaning staff who boarded the aircraft,
were thereafter identified and intercepted. During the personal search
of Zaheer Muzaffar Qureshi, two black-coloured pouches were
recovered from his trouser pockets, which were found to be absurdly
heavy. On enquiry, Zaheer Muzaffar Qureshi admitted that he has been
directed by Rajesh Vishnu Manjarekar to retrieve the said pouches,
which were concealed in the washroom of the aircraft operating Flight
No. EK-504.
8] It is further stated that, on removal of the black adhesive
tape, the pouches were found to contain a yellow powder-like substance
in wax form, purported to be gold. Upon assessment by a Government-
approved valuer, the recovered goods were found to be gold dust in wax
form of 24 KT purity, collectively weighing 3,866.00 grams (gross
weight) and 3,760 grams (net weight), valued at Rs. 5,63,62,400/-.
9] It is further stated that, on further enquiry, Rajesh Vishnu
Manjarekar admitted that he was working for Mohammed Ajhar Kazi,
and that he alongwith Zaheer Muzaffar Qureshi worked for monetary
consideration on the instructions of Mohammed Ajhar Kazi. It was
further revealed that Mohammed Ajhar Kazi was waiting outside the
airport to receive the smuggled gold from Zaheer Muzaffar Qureshi,
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and Mohammed Ajhar Kazi was accordingly intercepted outside CSMI
Airport, Mumbai, in a controlled operation. On interception,
Mohammed Ajhar Kazi disclosed that he was working on the direction
of Mohammed Ahmed @ Mustafa, for monetary consideration, and
Mohammed Ahmed @ Mustafa was apprehended outside the airport on
the same day, i.e., 22.07.2026. It is further stated that, voluntary
statements of all five accused were recorded under Section 108 of the
Customs Act, 1962 on 22.07.2026. They admitted their specific role in
the organized gold smuggling syndicate. The identity of his co-accused,
the modus operandi employed and the remuneration received by them
for each successful delivery.
10] Further it is stated that, The Hon’ble Supreme Court has
held in the case of
Y. S. Jagan Mohan Reddy V/s CBI (2013) 7 SCC 439
that, the economic offences constitute a class apart and needs to be
visited with a different approach in the matter of bail. The investigation
in the present case is at a preliminary stage. The custodial interrogation
of the applicant/accused is necessary as they would have to be
confronted with such persons and with the results of the forensic
examination of the seized mobile phones as and when the same become
available. The ongoing investigation involves multiple individuals and
cross border financial transactions.
11] Heard Ld. Advocate Shri. Ravi Hirani for applicants/accused and
Ld. Special PP Shri. R. K. Pathak for DRI at length.
12] Perused remand papers and documents filed by both the
parties on record.
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13] It is argued by Ld. counsel for accused that, as per section
187 (2) the respondent can record further statement of accused by
taking them into DRI custody. They are in judicial custody since
23.07.2026. Till today more than 40 days has been elapsed. They
cannot interrogate now by taking DRI custody. Why they have not
utilised the custody period since interception is based known to the
officers. Bail is rule and jail is an exception. Already statements under
section 108 are recorded. They have retracted their statements. There is
no possibility to threaten the witnesses as all are DRI officials. Whether
any accused is entitle to make entry at DRI office for threatening or
interfering the investigation ? He further argued that,
applicants/accused are not owners of the seized gold nor claiming gold
in future. The seized gold is already with respondent and there is
nothing contravened has to be recovered. All applicants/accused are
Indian nationals. Their passport is with DRI.
14] It is argued by Ld. Special PP that, gold valued at Rs.
5,63,62,400/- was seized by the department. They are in custody more
than 40 days and time is over is not only a criteria to grant bail. The
investigation is at crucial stage. They are members of large syndicate
and possession was handed over from one member to another. The
statement under section 108 of the Customs Act is evidentiary value
though they are retracted. Though the time of DRI custody is over
officers can still visit to jail to record the statement in progress of
investigation. The officers opportunity is still alive till filing of
complaint. Investigation includes various forms of investigation and not
only visiting and recording statement of accused. Hence prayed to reject
the bail applications as they will not available for investigation and risk
of fleeing.
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15] Here, in the case in hand, the applicants/accused are
intercepted by DRI in the activity of smuggling of gold. The
applicants/accused Nos. 1 to 5 are Indian nationals. The sufficient
opportunity was granted to the DRI as they are in custody since
23/07/2026. Perused the affidavit of Zeba Khan it shows that, no prior
antecedents are registered against these accused. Accused Mohd Kazi
has undergone brain surgery. There is no additional arrest in this period
since 23/07/2026 of syndicate. Already statements under section 108
are recorded. Though they are retracted they will be their evidentary
value will be considered at the time of evidence. Considering the stage
of investigation, proper and sufficient opportunity was already granted.
If terms and conditions are imposed for assisting to investigation and
making available for inquiry, then it will sufffice the purpose of
investigation. I think no purpose would be served by keeping them
behind bar till submission of complaint, as the gold is seized and lying
with the DRI. Hence, proceed to pass following order : -
COMMON ORDER
i. The Bail Applications of applicant/accused Nos. 1 to 5 are
allowed.
ii. All applicants/accused be released on bail on their executing P. R.
Bond of Rs. 1,00,000/- each (Rs. One Lac each Only) with one or two
surety/sureties in the like amount of each.
iii. Cash bail of Rs. 2,00,000/- each (Rs. Two Lacs each Only) is
allowed, if they are not having surety/sureties.
iv. They shall not influence and tamper with the prosecution
witnesses and evidence. They shall co-operate for further investigation
of the case.
v. They are directed to remain present as and when required by
respondent in connection with investigation of this offence under
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written intimation, till further investigation is completed or until further
orders.
vi. The accused shall surrender their passports to the respondent for
the period of six months from the date of their arrest. The department
to return passport to them after six months, with due acknowledgment,
without any reference to the court.
vii. They shall take prior permission of the court for travelling
abroad.
viii. They shall furnish their residential addresses with proof, E-mail
and telephone/mobile number to the Court and to the Department.
They shall not change said addresses, telephone/mobile numbers
without prior intimation in writing to the Court and concern
Department.
ix. They shall furnish address and mobile number of two of their
nearest relatives with their consent to the Court and department
alongwith their address proof for contacting them if they failed to
appear during further investigation before respondent and during trial
of the case.
x. The Affidavit, as directed by Hon’ble Supreme Court in the case of
Zeba Khan V/s State of Uttar Pradesh in Criminal Appeal No. 825/2026
(Arising out of SLP Criminal No. 12669 of 2025) will be part and parcel
of this bail order.
xi. The bail applications bearing nos. C. C. No. 1306/BA/2026, C. C.
No. 1305/BA/2026, C. C. No. 1303/BA/2026, C. C. No.
1302/BA/2026 and C. C. No. 1304/BA/2026 stands disposed off, being
allowed.
xii. Original copy of this order be kept in C. C. no. 1306/BA/2026
and its verified copy be kept in C. C. No. 1305/BA/2026, C. C. No.
1303/BA/2026, C. C. No. 1302/BA/2026 and C. C. No. 1304/BA/2026
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xiii. The bail applications bearing nos. C. C. No. 1306/BA/2026,
C. C. No. 1305/BA/2026, C. C. No. 1303/BA/2026, C. C. No.
1302/BA/2026 and C. C. No. 1304/BA/2026 stands disposed off, being
allowed.
(Smt. Anuradha A. Pandule)
Date :03.09.2026 Additional Chief Judicial Magistrate,
19th Court, Esplanade, Mumbai.
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