2015 (2) TMI 1201 - HC - Customs

Request for bail - offence punishable under Section 135 of the Customs Act, 1962 - offence bailable or not - Held that - on perusal of the bail application along with its annexures and after giving close look into the order of the learned Chief Metropolitan Magistrate, Calcutta dated 20.02.2015, I find that the value of the smuggled gold, alleged to have been seized from the possession of the petitioner herein, is only ₹ 8,98,214/‐. Therefore, it is very much within the statutory limit as provided under Section 135 of the Customs Act. As such, the petitioner is entitled to be enlarged on bail - Therefore, the petitioner/accused, namely, Anurag Jalan ,be released on bail upon furnishing a bond of ₹ 20,000/‐ with two sureties of ₹ 10,000/‐ each, one of whom must be local, to the satisfaction of the learned Chief Metropolitan Magistrate, Calcutta. Application for bail allowed.

Summary

Issues: Bail application under Section 135 of the Customs Act, 1962

Detailed Analysis:

1. Issue of Bail Eligibility:
The petitioner sought bail in connection with an offense punishable under Section 135 of the Customs Act, 1962. The petitioner's advocate argued that the offense in question was bailable as per the provisions of Section 135(1) of the Customs Act. The advocate highlighted that the Chief Metropolitan Magistrate had acknowledged the bailable nature of the offense in an earlier order but had inexplicably denied bail to the petitioner. The Customs Authorities opposed the bail plea, citing the petitioner's confession to smuggling 6 kilograms of gold worth &8377; 1,63,08,700. However, upon review, the High Court found that the value of the seized gold was only &8377; 8,98,214, well within the statutory limit set by Section 135 of the Customs Act.

2. Judgment on Bail Application:
After considering arguments from both sides, examining the bail application and annexures, and reviewing the Chief Metropolitan Magistrate's order, the High Court concluded that the petitioner was entitled to bail. The Court noted that the value of the smuggled gold did not exceed the statutory limit under Section 135 of the Customs Act. Consequently, the High Court directed the release of the petitioner/accused on bail upon furnishing a bond of &8377; 20,000 with two sureties of &8377; 10,000 each, with one surety being local, to the satisfaction of the Chief Metropolitan Magistrate, Calcutta.

3. Decision and Order:
In light of the findings regarding the value of the seized gold and the statutory provisions under Section 135 of the Customs Act, the High Court allowed the bail application. The Court ordered the release of the petitioner on bail, specifying the bond amount and surety requirements for compliance. The bail application was thus granted, and the petitioner was directed to fulfill the necessary conditions for release as outlined in the judgment.