Page 206 - ELT_15th July 2020_Vol 373_Part 2

188 EXCISE LAW TIMES [ Vol. 373

2020 (373) E.L.T. 188 (Kar.)
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
John Michael Cunha, J.
SHIHABUDDIN THADATHALLI
Versus
SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF
REVENUE INTELLIGENCE, BANGALORE
SR. INTELLIGENCE OFFICER, DRI, BANGALORE
Criminal Petition No. 1882 of 2020, decided on 24-3-2020
Bail - Smuggling of gold - Serious accusations against petitioner - Mat-
ter under investigation - Premature to state that no incriminating material
available in proof of offence - It cannot be said that petitioner was no way in-
volved in alleged smuggling activity - Contention that petitioner carried on
smuggling activity through WhatsApp conversation with accused No. 1 - Evi-
dent from voluntary statement and Digital forensic analysis report that peti-
tioner still in possession of mobile numbers - Ample evidence gathered
through mobile of accused No. 1 - More incriminating data, evidence suspect-
ed to be stored in two mobile phones with petitioner - Petitioner not cooperat-
ing to furnish it for smooth investigation - Every possibility of petitioner dam-
aging/destroying digital/material evidence if enlarged on bail - Investigating
agency required to unearth ramifications of offences and release of petitioner
at this stage likely to hamper investigation - Direction of Supreme Court to
release certain prisoner on parole or interim bail to restrict transmission of
COVID-19 not ground release petitioner on bail. [paras 4, 5, 6]
Petition dismissed
CASE CITED
In Re : Contagion of Covid-19 Virus In Prisons — Suo Motu Writ Petition (C) No.
1 of 2020, decided on 23-3-2020 by Supreme Court — Referred ........................................ [Paras 3, 6]
REPRESENTED BY : Shri Mohammed Mujassim, Advocate, for the Peti-
tioner.
Shri Jeevan J. Neeralgi, SPL. PP, for the Respondent.
[Order]. - Heard Learned Counsel for petitioner and Learned Spl. PP
appearing for respondent.
Petitioner is seeking his release under Section 439 of Cr. P.C. The applica-
tion filed by him before the Trial Court has been rejected. He is accused of being
involved in an offence punishable under Sections 104(6)(a), 104(6)(c) of the Cus-
toms Act, 1962 and under Sections 135(1)(a)(b), 135(1)(i)(A), 135(1)(i)(B) of the
Customs Act, 1962. Petitioner is arrayed as accused No. 18.
2. The case of the prosecution is that, petitioner has been organizing
Indian Operations based in Kerala and has been involved in illegal smuggling of
gold in the form of compound gold pieces.
3. Learned Counsel for petitioner submits that petitioner has sought for
his release on the ground that accused Nos. 1 to 17 are already enlarged on bail.
Secondly, Hon’ble Supreme Court in a Suo Motu Writ Petition (C) No. 1/2020,
dated 23-3-2020 has directed the State/Union territory to consider release of
prisoners who have been convicted or undertrial for offences for which pre-
EXCISE LAW TIMES  15th July 2020  206