2007 (3) TMI 732 - HC - Customs

Summary

Issues:
1. Bail application directly before the High Court without approaching the Competent Magistrate.
2. Interpretation of the bailability of the offence under Section 135(1)(ii) of the Customs Act.

Issue 1:
The judgment addresses the practice of making a bail application directly before the High Court without first approaching the Competent Magistrate. The applicant, arrested for smuggling bonded stores into the local market, sought bail directly from the High Court. However, the respondents argued that the offence fell under Section 135(1)(ii) of the Customs Act, which is bailable. The Court acknowledged the bailability of the offence but disapproved of bypassing the Competent Magistrate. It emphasized the need to first approach the lower court for bail before seeking relief from the High Court.

Issue 2:
The judgment delves into the interpretation of the bailability of the offence under Section 135(1)(ii) of the Customs Act. It references previous cases where the Bombay High Court, through various judges, consistently held that the offence under Section 135(1)(ii) is bailable. The Court highlighted that the accused, under Section 50(2) read with Section 436 of the Criminal Procedure Code, is entitled to bail in such cases. The judgment establishes a settled position within the Bombay High Court that the offence punishable under Section 135(1)(ii) is bailable. It further directs the applicant to approach the Additional Chief Metropolitan Magistrate for the grant of bail, emphasizing the importance of following the proper legal procedure in seeking bail relief.

This comprehensive analysis of the judgment provides insights into the legal nuances surrounding bail applications and the interpretation of the bailability of specific offences under the Customs Act within the jurisdiction of the Bombay High Court.