How to Secure Bail in Case of Arrest at Delhi Airport in a Gold Smuggling Case: Expert Legal Tips by Customs Lawyer in Delhi
How to secure bail in gold smuggling cases Delhi Airport | Bail process for gold smuggling arrest Delhi | Expert tips for bail in gold smuggling Delhi Airport | Bail lawyer for gold smuggling at Delhi Airport | Gold smuggling arrest bail tips Delhi | Securing bail in Delhi Airport gold smuggling cases | Bail application for gold smuggling Delhi | Customs lawyer advice on bail for gold smuggling Delhi | Bail procedures for gold smuggling cases Delhi Airport | Legal help for bail in gold smuggling Delhi | Delhi Airport gold smuggling bail strategies | Bail defense for gold smuggling charges Delhi | Expert bail tips for gold smuggling arrest Delhi Airport | How to get bail in gold smuggling cases Delhi | Bail options for Delhi Airport gold smuggling | Gold smuggling bail hearing Delhi Airport | Securing bail after gold smuggling arrest Delhi | Bail expert for gold smuggling cases Delhi | Gold smuggling arrest bail guide Delhi | Customs lawyer bail tips for Delhi Airport cases |
Considering that arrest takes with itself the liberties of an individual to a great extent, this power shall be exercised with extreme care and caution. And in order to manage the exceeding, erroneous or improper exercise of this power of arrest, the legislators have instituted the concept of bail, which holds significant importance in cases, especially when a person is arrested in a wrongful or illegal manner. In gold smuggling cases at Delhi Airport, a person can be arrested both under bailable or non-bailable offence, depending upon the act or omission done. However, to secure a bail in gold smuggling cases, several factors and legal considerations come into play. The most essential provision in regard to bail under the Customs Act, 1962, is Section 104 of this Act. Following is the elaboration of this legal provisions:
• Section 104 of the Act has the title “power to arrest,” which could be done by the customs officers only. Along with the procedure and formalities for arrest, this section deals with the provisions of bail as well. This Section discusses the criteria and offences under certain sections, including gold smuggling, based on which an offence is considered either bailable or non-bailable.
• Firstly, once the person is arrested by the customs officers, he is to be informed about the grounds on which he is arrested. And then, without any unnecessary delay, the person arrested is to be produced before the magistrate.
• Prior clearance or approval is also essential to be taken in cases where arrest is necessary from the Commissioners/ADGs and where they are not available, then from the Assistant Commissioner/Assistant Director. A report stating the reasons for arrest shall be furnished to the jurisdictional Commissioner/ADG.
• To ensure a comprehensive record of arrests made under the Customs Act, 1962, across India, the Chief Commissioner is responsible for submitting a monthly report of all the arrested persons in the zone to DRI (Hqrs). The report must be in the prescribed format and should be complied and sent to the Anti-Smuggling Unit of the Central Board of Indirect Taxes and Customs (CBEC) on a monthly basis, zone-wise.
• Under this Section, the customs officers have the same powers and are subject to the same conditions as the officer-in-charge of the police station in case of releasing the arrested person on bail. The provisions of CrPC of 1898 will govern this matter of granting bail.
• Section 104(6) of the Act tells about the offences which are considered non-bailable, including offences punishable under Section 135 relating to (a) evading duty of more than Rs. 50 lakhs; or (b) prohibited goods as per Section 11; or (c) import or export of goods not declared as per the Act and the value of which exceeds Rs. 1 crore; or (d) fraudulently availing drawback or exemption from duty where the amount in either case exceeds Rs. 50 lakhs.
• Section 104(7) of the Act simply states that, apart from the offences discussed above in Section 104(6) of the Act, all other offences shall be considered bailable. This means that if the offences are regarding evasion of duty below Rs. 50 lakhs or the import or export of goods not declared as per the Act and the value of which does not exceed Rs. 1 crore, etc., they all shall be brought under the category of bailable offences.
Once it is ensured that the person is arrested under a bailable offence, then without any unnecessary delay the formalities to release him on bail shall be initiated. Generally, the person arrested under offences for which the punishment prescribed is imprisonment for a term of less than 3 years or just a fine are categorized as bailable offences. The arrested person can be made to sign a bail bond, or a surety can also be asked before making such a release. The amount of bail bond depends upon several factors and thus varies from case to case and the court’s discretion. However, the amount in that bond shall not be excessive, which means it should not be more than the fine which could be imposed if found guilty for the offence for which he is arrested. If required, certain conditions could also be imposed for releasing the arrested person on bail, such as surrendering of the passport, marking regular presence at the concerned authorities, or providing a surety bond, which shall be informed to the surety or his nominated person as well, in violation of which the person bail can be cancelled and re-arrest be made.
Now, although there’s no fixed eligibility criteria or factors on which the bail of a person depends, there are certain general factors which could be considered in the cases of gold smuggling. A few of them are like depending upon the severity of the offence, the nature of the evidence, the cooperation the arrested person promises to maintain with the customs and other authorities, the past record of the arrested person, and compliance with the bail conditions.
In the case of Azaz Khan S/O Shri Darab Khan v. N.I.A. CRLAD 132/2021, the Rajasthan High Court held that smuggling of gold cannot be considered a threat to the economic security of the country, and the Customs Act of 1962 is also not included in the Schedule-II of the UAPA, thus they cannot be considered to be involved in any terrorist acts. Moreover, the amount of gold seized from each accused was less than Rs. 1 crore, and the customs duty payable on such was less than Rs. 50 lakhs, so the offence is a bailable one, and hence the accused-appellant be released on bail on furnishing a personal bond of Rs. 1 lakh, along with two sureties of the sum of Rs. 50,000 each, and on the stipulation that he shall appear before the concerned court on every date of hearing as and when called upon.
I
n the case of Dri v. Liaqan & Anr. CC No. 8/2016, after thorough consideration, the District Court of Delhi held that the complainant department has failed to prove the allegations against the accused Shah Mohd. @ Shanu beyond reasonable doubt. And as per the principle of ‘innocent until proven guilty’, the benefit of doubt must favour the accused. Therefore, the accused is acquitted of the charges under Section 135 of the Customs Act, 1962, and all the bail bonds are to be cancelled, and the surety is to be discharged.
In conclusion, the summary of all the points discussed would be that securing a bail in a gold smuggling case at Delhi Airport under the Customs Act is a combined effort of multiple tasks, such as requiring careful legal navigation and representation, consideration of charges under different sections, and finally presentation of the bail application with strong arguments and evidence supporting your side. A promise to comply with the conditions imposed by the Courts will provide a cherry on top, as it could ease the chances of securing bail. And if there are any international treaties or cooperation agreements with other countries, that could also affect the cases involving foreign nationals or cross-border gold smuggling operations.
Authored By: Adv. Anant Sharma & Sahil Arora
#BailInGoldSmuggling #DelhiAirportLaw #CustomsDefense #GoldSmugglingArrest #BailDefense #CustomsLawyerDelhi #ArrestInDelhi #SmugglingDefense #LegalTips #BailProcess