Delhi court grants bail to eight accused in Rs 9.90-crore gold smuggling case; defence flags disputed statements

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–> Delhi court grants bail to eight accused in Rs 9.90-crore gold smuggling case; defence flags disputed statements ANI | Updated: Oct 06, 2026 09:49 IST

Join our Whatsapp channel New Delhi [India], October 6 (ANI): A Delhi court has granted bail to eight accused in a Customs case concerning alleged smuggling of 23 gold chains weighing 6.495 kg and valued at approximately Rs 9.90 crore, observing that there was no personal recovery from any of the accused and no independent material, at this stage, specifically connecting them with the recovered gold.Chief Judicial Magistrate Mridul Gupta passed the order on October 5 on eight bail applications filed under Section 480 of the BNSS. Advocate Pradeep Rana appeared for two of the applicants, while other counsel represented the remaining accused.Rana and the defence counsel submitted that the applicants had been illegally detained even before their formal arrest and subjected to custodial violence and inhuman treatment. They relied upon bruises, swelling and injuries reflected in their medical examination reports and argued that statements allegedly recorded under Section 108 of the Customs Act were not voluntary. The defence also alleged that the accused were made to sign some already-written documents.The defence further argued that the Customs case was based largely on conjectures and surmises regarding an alleged arrangement in Dubai under which gold chains were allegedly distributed among the accused before the security area and subsequently collected back.The applicants denied any connection with the recovered gold and submitted that their visit to Dubai was for bona fide purposes. They also pointed out that no recovery of gold had been made from the person, baggage or possession of any of the accused, or at their instance.The defence also argued that a search conducted at the residence of one of the applicants did not result in recovery of any incriminating article connected with the gold which was the subject matter of the Customs proceedings. The alleged contraband was already seized, and the passports and mobile phones of the accused were also in the custody of the department, while passenger, immigration, flight and CCTV records were official records available to investigators. Therefore, there was no real possibility of tampering with evidence, the defence submitted.The Customs Department opposed the bail applications, alleging that the accused had arrived at IGI Airport from Dubai on September 21 and were intercepted after crossing the green channel. According to the department, three pouches containing 23 gold chains weighing 6,495 grams and valued at around Rs 9.90 crore were recovered from the aircraft. It alleged that the gold had been distributed among the accused before security in Dubai and subsequently collected back.The department also relied on statements allegedly recorded under Section 108 of the Customs Act, claiming that the accused had admitted involvement in gold smuggling and disclosed a similar modus operandi in the past.However, the court noted that the voluntariness and evidentiary value of these statements had been specifically disputed by the accused. It said their ultimate evidentiary value and whether the statements were sufficient to establish the alleged conspiracy and individual connection of each applicant with the recovered gold would require appreciation of evidence at the appropriate stage.The court also noted that, apart from the disputed Section 108 statements and circumstances relating to the accused travelling together, no independent contemporaneous material had been pointed out to specifically corroborate the alleged handing over and subsequent collection of gold in Dubai. This included the absence, at this stage, of material such as relevant communications, CCTV footage or statements of airline/ground-handling personnel specifically establishing the alleged transaction.The court further observed that the principal physical evidence, the alleged contraband, had already been seized, while the accused’s mobile phones and passports and relevant passenger, immigration and flight records were within the control of the investigating agency.On the prosecution’s apprehension that the accused could influence witnesses, the court said such concerns could be addressed through appropriate bail conditions, including restrictions against threatening, influencing or inducing co-accused or witnesses.Regarding the recovery of four kilograms of silver bars and Rs 7 lakh cash from one of the accused’s residential premises, the court noted that the alleged smuggled gold was not recovered from the premises and no material had presently been shown connecting the silver or cash with the alleged smuggled gold.The court noted that all the accused had been in judicial custody since September 23 and had no criminal antecedents. It also found no specific material indicating that they were likely to abscond or had previously attempted to interfere with the investigation.“Bail is the rule and jail is the exception,” the court observed, adding that the object of bail is to secure the presence of the accused during trial and not to inflict pre-trial punishment.The court accordingly granted bail to all eight accused on a personal bond of ₹50,000 each with one surety of the like amount.The accused have been directed to cooperate with the investigation, keep their mobile phones switched on, appear before the investigating officer when called, not tamper with evidence or influence witnesses, regularly appear before the court, surrender their passports and not leave the country without prior permission. Violation of the conditions could result in cancellation of bail. The court clarified that its observations in the bail order would not be treated as an expression on the merits of the case. (ANI)