2016 (7) TMI 1367 - HC - Customs

Smuggling - foreign origin cigarettes - Bail application - Held that - without expressing any opinion on the merit of the case, let the applicant Waseem Ahmad, involved in case No.01 of 2015, under Sections 135, 135(1)(b) of Customs Act, police station D.R.I. Noida, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court - bail application allowed subject to compliance of conditions imposed.

Summary

Issues: Alleged involvement in smuggling of foreign origin cigarettes; Bail application under Sections 135, 135(1)(b) of Customs Act.

In this case, the applicant was accused of being involved in smuggling foreign origin cigarettes along with other individuals. The prosecution alleged that the applicant, along with his friends, was behind the illegal import and storage of these cigarettes. However, the applicant's counsel argued that there was no evidence linking the applicant to the smuggling activities. The applicant, described as a peace-loving salesman, denied any involvement in the smuggling and claimed to have been falsely implicated due to a misunderstanding with an officer. The prosecution contended that specific intelligence information led to the discovery of the smuggled cigarettes at the premises of certain businesses, implicating the applicant and others. Statements of co-accused individuals were cited as evidence against the applicant. The court, after considering the facts and circumstances, granted bail to the applicant on certain conditions, including filing an undertaking not to seek adjournments during trial, remaining present in court, surrendering his passport, and not leaving the country without court permission. Failure to comply with these conditions would result in the cancellation of the bail order.