2012 (7) TMI 885 - HC - Customs

Bail Application - Held that - after rejection order was passed Hon ble the Supreme Court 2011 (9) TMI 65 - SUPREME COURT OF INDIA has given a verdict holding the offences under the Customs Act 1962 to be bailable. - it a fit case for releasing the applicant on bail. - Appellant to furnish bond - Decided conditionally in favour of assessee.

Summary

Issues: Bail application under Customs Act, 1962 and IPC sections 174, 175, 228

In this case, the applicant filed a second bail application seeking bail under various sections of the Customs Act, 1962 and IPC sections 174, 175, 228. The first bail application was rejected earlier. The applicant's counsel argued that a Supreme Court verdict on 30th September, 2011, declared offences under the Customs Act, 1962 to be bailable, citing relevant paragraph 44 of the judgment. The applicant, with no criminal history, had been in jail since October 15, 2010. The Union of India's counsel opposed bail, claiming the judgment was per incuriam and stating he was not bound by the Supreme Court's judgment, which was deemed inappropriate. The judge, considering the circumstances, found it appropriate to grant bail to the applicant. The order directed the release of the applicant on bail upon furnishing a personal bond and two sureties to the satisfaction of the concerned Court. Additionally, a copy of the order was to be sent to the Law Secretary, Government of India for information.