Cri.BA.No.620-2024
-1-
MHCC020041282024
Presented on
Registered on
Decided on
Duration
: 11-03-2024
: 11-03-2024
: 30-03-2024
: 0 years, 0 months, 19 days
IN THE COURT OF SESSIONS AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.620 OF 2024
IN
File No.SD/INT/AIU/150/2024 AP ‘D’
Ms. Sonali Baburao Bhalerao
Aged about 30, Occ.R/o. Room No.637, Indira Nagar,
Jarimari Kurla, Andheri (West),
Mumbai-400 072.

.. Applicant/Accused.

VERSUS
Union of India
Through Senior Intelligence Officer,
Air Intelligence Unit,
Chhatrapati Shivaji Maharaj International
Airport, Terminal-II, Mumbai.

.. Respondent.

Appearance :Advocate Mr. Arun Gupta for the Applicant/Accused.
SPP Mr. Natrajan for the Respondent/AIU.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
Court Room No.30.
Dated: 30th March, 2024.

Cri.BA.No.620-2024
-2-
ORDER
This is an application filed by the applicant/accused Ms. Sonali
Baburao Bhalerao under Section 439 of Criminal Procedure Code for
releasing him on bail in connection with crime registered in File
No.SD/INT/AIU/150/2024 AP ‘D’ by Air Intelligence Unit, for the
commission of offences punishable under Sections 135(1)(b) and 104
of the Customs Act, 1962.
2.

Heard the Advocate Mr. Arun Gupta for the applicant/accused
and SPP Mr. Natrajan for the Respondent/AIU. Perused the record of
the case.
3.

It is the case of the prosecution that the officers of Respondent
received specific information that some International transit passengers
were to hand over gold to the housekeeping staff namely Ms. Sonali
Bhalerao i.e. applicant, who was working in Adani Lounge at CSMI
Airport, Mumbai. Accordingly, the officers of Custom reached at the
said Lounge at Level No.4 of International departure/transit area to
identify and conduct personal search of the said housekeeping staff.
Upon questioning the accused, she admitted that she had received two
pouches from two foreign nationals in the toilet situated at Level 4 and
had kept it hidden in the first class toilet of Level 3. Thereafter, the
custom officers in presence of panchas and in presence of the applicant
searched the first class toilet and recovered two pouches containing
gold dust in wax form. It was 24 KT gold dust having weight 3285
grams valued at Rs.1,81,46,044/-.

Cri.BA.No.620-2024
4.

-3-
The voluntary statement of the applicant was recorded on
8.02.2024.

She admitted the possession, carriage, recovery and
smuggling of the gold.

She also admitted that the said gold was
handed over by two foreign passengers. She also admitted that same
was done for the monetary consideration of Rs.50,000/-, which she
would receive after delivery of goods outside the CSMI Airport.
Accordingly, it is alleged that she has committed an offence under
Section 135(1)(b) of the Customs Act, 1962. She came to be arrested
on 08.02.2023.
5.

The learned Advocate for the applicant submits that the applicant
has no concerned with the offences.

The gold was not in her
possession. He relied upon the following Judgments:
i)
Sanjay Chandra Vs. CBI reported in MANU/SC/1375/2011.

ii)
Bhagirathsinh
Vs.

State
of
Gujarat
reported
in
MANU/SC/0052/1983.
ii)
Suresh G. Motwani Vs. State of Maharashtra and Ors.

Reported in MANU/MH/0456/2003.
I have gone through the ratio laid down in the aforesaid
Judgments.
6.

It is required to be noted that the accused was arrested on
08.02.2024. She was produced before the Magistrate on 8.2.2024. The
prosecution on the same day prayed for judicial custody. Therefore, it
appears that no substantial part of investigation related to the applicant
was remained pending. Whatever recovery was expected in the offence
is already made on the date of arrest of the accused. The limited role
attributed to the present applicant is that she accepted the gold and
hidden it in the toilet.

The applicant is the housekeeping staff at
Cri.BA.No.620-2024
Airport.

-4-
She is not the main accused.

It is alleged that for
consideration of Rs.50,000/- she agreed to keep the gold in the toilet.
Though it is alleged that there was smuggling of the gold it is not the
case that the applicant is the actual smuggler. Therefore, the role of the
applicant is limited to the extent of providing facility to keep the gold
hidden in the toilet.

Since, on 8.2.2023 the applicant/accused is
behind bars. Her further incarceration is unwarranted, if reasonable
conditions securing her presence are imposed, she will be entitled for
bail. Hence, I pass the following order.
Order
1.

Criminal Bail Application No.620 of 2024 is allowed.

2.

The Applicant / Accused Ms. Sonali Baburao Bhalerao, arrested
in File No.SD/INT/AIU/150/2024 AP ‘D’ registered by AIR Intelligence
Unit, Mumbai, under Section 135(1)(b) and 104 of Customs Act, 1962,
be released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one
or two sureties.
3.

The applicant/accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant/accused shall attend the office of respondent on
every Monday between 11.00 a.m. to 2.00 p.m., till filing of the chargesheet.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.

Cri.BA.No.620-2024
6.

-5-
The applicant/accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 30.03.2024.

Dictated on
: 30.03.2024
Transcribe on
: 02.04.2024
Signed by HHJ on : 02.04.2024
( Rajesh A. Sasne )
Additional Sessions Judge,
Gr. Mumbai.

Cri.BA.No.620-2024
-6-
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
3.4.2024
1.15 p.m.

UPLOAD DATE
TIME
Mrs. Pradnya S. Naik
NAME OF STENOGRAPHER
Name of the Judge (With Court Room H. H. Additional Sessions Judge Shri.
No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER
30/03/2024
ORDER signed by P.O. on
02/04/2024
ORDER uploaded on
03/04/2024