IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Bail Appl..No. 6851 of 2010() --------------------------------------------- D.R.I OCCURRENCE REPORT NO. 7 OF 2010 PETITIONER/ACCUSED NO.5: -------------------------------------------- E.J.PRINCE, S/O.JOSEPH, ELANJIKKAL HOUSE, CHAYAPPANKUZHY, CHALAKUDY, TRISSUR. BY ADV. SRI.P.A.AUGUSTIAN SRI.V.K.SATHYANATHAN SRI.T.R.JAGADEESH RESPONDENT(S): COMPLAINANT: -------------------------------------------------------- DRI COCHIN, PALARIVATTOM-25. SPL. PUBLIC PROSECUTOR FOR DRI, SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No.6851 of 2010 ..................................................... Dated: 2.11.2010 ORDER Petitioner, who is the 5th accused in DRI O.R.7 of 2010 for an offence punishable under Section 135(1)(i) of the Customs Act, 1962, seeks his enlargement on bail. The petitioner was arrested on 02.10.2010. 2. The learned Special Public Prosecutor for the Directorate of Revenue Intelligence opposed the application contending inter alia as follows:- Acting on a credible secret information, DRI, Chennai intercepted a Toyota Qualis vehicle in the suburbs of Chennai on 30.09.2010 and seized electronic gadgets valued at about `1.35 crores. Petitioner is one of the 5 persons subsequently arrested at Cochin on 02.10.2010 resulting in the seizure of the electronic goods worth `1.25 crores from the Air Cargo Complex, Cochin International Airport. He is an important link in the smuggling racket having its base at Chennai and engaged in large-scale smuggling of electronic goods like I-pods, high end watches, handy cams, mobile B.A.No. 6851 of 2010 2 phones etc. from Singapore through the International Airport, Cochin. After procuring those electronic items, they book them in the names of passengers repatriated from Singapore and smuggle them into India under the guise of bona fide baggage of regular and international passengers, thereby evading Customs duty etc. These goods smuggled into India are being sold in clandestine markets all over India and the money collected is repatriated to Singapore through Hawala channels. 3. It is too early to accept the petitioner's contention that as an employee of a Customs House Agent in the Cochin Airport the petitioner is only assisting the passengers in the preparation of baggage declaration and he cannot be imputed with knowledge regarding the contents of the baggage or the veracity of the declaration made by the passengers. 4. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the propensites of the petitioner and B.A.No. 6851 of 2010 3 the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) sj