Allahabad High Court Laxman Chandra J Parai @ Laxman Chandra ... vs Union Of India Thru. Directorate Of ... on 8 November, 2024 HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Neutral Citation No. 2024:AHCLKO:73985 Case : CRIMINAL MISC. BAIL APPLICATION No. 11304 of 2024 Applicant : Laxman Chandra J Parai @ Laxman Chandra Parai (As Per Complaint) Opposite Party : Union Of India Thru. Directorate Of Revenue Intelligence (Customs) Lko. Counsel for Applicant : Atul Verma,Akhilendra Pratap Singh,Mohd Agha Haider Rizvi,Vinod Kumar Yadav Counsel for Opposite Party : Digvijay Nath Dubey * * * * * Hon'ble Jaspreet Singh,J. 1. Heard Shri Atul Verma, learned counsel for the applicant and Shri Digvijay Nath Dubey, learned counsel for the respondent. 2. This is a regular bail application filed by the applicant who has been arraigned in a Complaint Case/DRI Case No.6/2024 under Section 135 of the Customs Act, 1962, Police Station DRI, District Lucknow. 3. The applicant had earlier filed an application seeking anticipatory bail under Section 438 Cr.P.C., bearing No.793 of 2024 (Laxman Chandra J. Parai v. Union of India) which came to be rejected by this Court by means of order dated 14.05.2024. It is in furtherance thereof that the applicant surrendered before the Court concerned and he is in judicial custody since 29.06.2024. 4. The facts as borne out from the record reveals that Directorate of Revenue Intelligence (hereinafter referred to 'DRI') received specific tip and information and acting upon the same, it intercepted two persons namely Lalmohan Panja and Harekrishna Parai, two coaccused, on 20.02.2024 at around 09:20 PM from the Second AC Coach bearing No.A1 of Pushpak Express (Train No.12533) from Charbagh Railway Station, Lucknow and their baggage was searched. From their three Trolley Bags, 558.900 Grams of Gold allegedly of foreign origin valued at Rs.3,29,25,000/ and cash in Indian Currency worth Rs.3.28/ Crores is said to have been recovered. It was informed by the two coaccused that they were travelling to Mumbai to deliver the above recovered gold and ornaments and cash currency to its owners namely Laxman Chandra J. Parai (the applicant) and his brother namely Ramkrishna Jaladhar Parai (another coaccused). 5. Upon further questioning and as per information revealed by the two coaccused follow up search was conducted in the office premises, of the applicant and his brother coaccused Ramkrishna Jaladhar Parai, situate in a Flat, in Chowk area of Lucknow from where additional 7,700 grams of gold jewellery is said to have been recovered and valued at Rs.3,69,60,000/. 6. The detained two coaccused namely Lalmohan Panja and Harekrishna Parai also revealed that another locker was kept in the residence of another coaccused Sumit Rastogi. The premises of Sumit Rastogi was also searched and a locker was recovered from the said premises. The keys to the said locker were available with the two detained coaccused persons who were being questioned and upon opening of the said locker 20,500 grams of gold jewellery was found in the said locker valued at Rs.12,42,62,400/. 7. Three test samples marked as S1, S2 and S3 were drawn from the seized gold jewellery as well as 41.9 grams of gold pieces and were sent to the Director Central Revenue Control Laboratory at New Delhi and its report indicated that the first sample marked as S1 was composed of 98.42% of gold (by weight), the second sample S2 was an alloy containing gold, silver and copper with primary gold content of 74.38% (by weight) and the third sample S3 indicated that it was an alloy of gold, silver and copper with gold content of 75.15% (by weight). 8. Upon the aforesaid information and recovery of the articles and cash from the two detained coaccused namely Lalmohan Panja and Harekrishna Parai they were apprehended and were sent to jail. 9. The complaint under Section 135 of the Custom Act, 1962 was filed against (i) Lalmohan Panja and (ii) Harekrishna Parai (these two coaccused were apprehended at the railway station with the seized cash and gold jewellery, (iii) Sumit Rastogi, from whose residence a locker was found of which the combination and key were with the above mentioned two detained coaccused who were apprehended with the jewellery and cash, (iv) the applicant and (v) his brother Ramkrishna Jaladhar Parai and (vi) another coaccused Abhijeet Manna. 10. The record further reveals that Sumit Rastogi was enlarged on bail by this Court by means of the order dated 03.04.2024 passed in Criminal Misc. Bail Application No.3594/2024. 11. Thereafter, two regular bail applications of the apprehended coaccused namely Lalmohan Panja and Harekrishna Parai were filed and two anticipatory bail applications were filed by the present applicant and his brother Ramkrishna Jaladhar Parai. A