1983 (12) TMI 321 - HC - Customs

Summary

Issues Involved:
1. Applicability of Section 167 of the Code of Criminal Procedure (Cr. P.C.) to customs offences.
2. Entitlement of the petitioners to bail under Section 167(2) of the Code.

Summary:

1. Applicability of Section 167 of the Code of Criminal Procedure (Cr. P.C.) to customs offences:

The petitioners, accused in a customs case, sought bail u/s 437, 482, and 167 Cr. P.C. after being in judicial custody for over 60 days. The Customs Department contended that Section 167 of the Code does not apply to customs offences and persons arrested by Customs Officers u/s 103(1) of the Customs Act, 1962. The Court examined whether Section 167 of the Code governs the case of a person arrested by a Customs Officer under the Act. It was noted that a Customs Officer is not an officer in charge of a police station as defined in Section 2(o) of the Code, and the investigation by a Customs Officer is not the same as that conducted by a police officer under the Code. However, the Court held that the provisions of Section 167(2) and (3) of the Code must be read into the framework of Section 437 of the Code, making them applicable to customs offences. The Court reasoned that the Act does not provide specific guidelines for remand or detention, thus necessitating the application of the Code's provisions.

2. Entitlement of the petitioners to bail under Section 167(2) of the Code:

The Court found that the petitioners had been in judicial custody for over 60 days, and the offence under Section 135 of the Customs Act carries a maximum punishment of 7 years imprisonment and fine. According to the proviso to Section 167(2) of the Code, detention exceeding 60 days is not permissible for offences punishable with imprisonment for less than 10 years. Therefore, the petitioners were entitled to be released on bail. The Court directed that the petitioners be released on bail upon executing a bond for Rs. 10,000/- each and furnishing solvent sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Tellicherry. Additionally, the petitioners were required to make themselves available for interrogation by the Customs Officers and appear before the Chief Judicial Magistrate, Tellicherry, every Monday until further orders.