Prakash Sankhla @ Prakash Jain vs. Directorate Of Revenue Intelligence Bhopal
What did the High Court hold?
The High Court dismissed the bail applications. The Court noted that the investigation was pending and no challan had been filed. Having regard to the nature of the material on record, the Court was of the opinion that releasing the applicants during the pendency of the investigation would not be proper, as the prosecution was in the process of collecting further evidence. The Court did not decide the legal arguments regarding the bailability of the offence or the admissibility of statements under Section 108 of the Customs Act, as the primary reason for dismissal was the ongoing investigation. The applicants were granted liberty to renew their prayer after the investigation is complete and the challan is filed. No specific finding was made on the arguments concerning the GST invoices or the impact of the 2013 amendment on the bailability of the offence.
What were the facts?
The applicants, Prakash Sankhla and Vaibhav Jain, sought bail under Section 439 Cr.P.C. They are in custody for offences under Sections 104 and 135 of the Customs Act, 1962, registered by the Directorate of Revenue Intelligence (DRI), Bhopal. The case involves the recovery of 79 bars of foreign origin gold, valued at Rs. 3,89,60,220, from a vehicle. The occupants of the vehicle stated the gold belonged to Vaibhav Jain and was brought on instructions from Prakash Sankhla. A subsequent search of Prakash Sankhla's premises yielded 75 foreign origin gold bars (1500 gms), valued at Rs. 75,60,000, and cash of Rs. 64,85,100. The applicants have been in custody since May 27, 2021. The investigation is ongoing, and no challan has been filed.
What were the issues?
1. Whether the offences under Sections 104 and 135 of the Customs Act, 1962, are bailable, entitling the applicants to bail, particularly in light of the Supreme Court's judgment in Om Prakash & Anr. Vs. Union of India & Anr. (2011) and subsequent amendments to the Act. 2. Whether the statements recorded under Section 108 of the Customs Act are admissible and can be relied upon for refusing bail, considering the prohibition under Section 25 of the Evidence Act. 3. Whether the production of GST invoices from Saheli Jewellers, suggesting purchase of gold, negates the offence. Assessee's Arguments: Shri Anil Khare (for Prakash Sankhla) argued that the primary recovery was not from his client, nor was the vehicle his. He contended that the offence under Section 135 of the Customs Act is punishable with a sentence of 7 years or less, making it bailable, citing Arnesh Kumar Vs. State of Bihar and Arnab Goswami Vs. State of Maharashtra. He also argued that offences under the Customs Act are bailable, referencing Om Prakash Vs. Union of India, and that these are distinct from IPC offences, aiming to recover duty, citing Sayyed M. Masud Vs. Union of India. He also referred to Noor Aga Vs. State of Punjab regarding the scope of Sections 108 and 138 of the Customs Act. The applicant is in custody since May 27, 2021. Shri Hardik Modh (for Vaibhav Jain) adopted Shri Khare's arguments and further submitted that GST invoices from Saheli Jewellers indicate the bars were purchased, citing Patna High Court in Commissioner of Central Excise, Customs and S.T. Patna Vs. Gopal Kishan. He also referred to Kerala High Court in Anob T.R. Vs. Union of India, where anticipatory bail was granted in a similar case. Revenue's Arguments: Shri Amit Seth (for DRI) argued that the applicants' explanations are unacceptable. He contended that statements under Section 108 of the Customs Act are admissible, as Customs officers are not police officers, citing K.I. Pavunny Vs. Assistant Collector (HQ), Central Excise Collectorate, Cochin and Union of India Vs. Padam Narain Aggarwal. He argued that after the 2013 amendment, the offence is non-bailable and Om Prakash's judgment is no longer relevant, citing a Gujarat High Court order in Sundeep Mahendrakumar Sanghavi Vs. Union of India. He also submitted that the GST invoices are irrelevant as the seizure involves prohibited smuggled items (Swiss gold bars).
Which sections of the Income-tax Act were involved?
Section 104,Section 135,Section 108,Section 25
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
judgment M.Cr.C.No.29331/2021 M.Cr.C.No.29664/2021
4 4.8.2020 in Civil application No.8669/2020 and has submitted that after the Amendment of 2013, the judgment of the Supreme Court in the case of Om Prakash is no longer relevant and the Customs officers are not the Police Officers, therefore, statement made to them are not inadmissible under section 25 of the Evidence Act and that in view of the Amendment in the year 2013, the offence is now non-bailable offence. He has also placed Date: 2021.07.26 14:41:27 +05'30'
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