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2019 (5) TMI 1674 - HC - CustomsGrant of regular bail - Section 135 of the Customs Act, 1962 - Smuggling - Gold - bailable offence or not - HELD THAT - Petitioner contends that petitioner has falsely been implicated in the instant case and the main accused are still at large. The offence is bailable. Petitioner is in custody 26.03.2019. Conclusion of trial may take long time. No useful purpose would be served by detaining him in jail. Nothing has to be recovered from him. The petitioner-Narayan Sharma, is ordered to be released on bail pending trial, on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned - petition allowed.
Issues:
Grant of regular bail under Section 439 Cr.P.C. in a case registered under Section 135 of the Customs Act, 1962 involving smuggling of gold from outside countries to India. Analysis: The petitioner filed a petition under Section 439 Cr.P.C. seeking regular bail in a case registered under Section 135 of the Customs Act, 1962 by the Customs Department at Amritsar. The case involved the apprehension of a bus driver carrying 1 Kg gold upon returning from Dubai to Amritsar Airport. Subsequent interrogations led to the arrest of individuals involved in the smuggling operation, including the petitioner who was accused of carrying gold from Dubai on behalf of another individual. The petitioner disclosed information about others involved in the smuggling operation during interrogation. The petitioner's counsel argued that he was falsely implicated, the main accused were still at large, and that the offence was bailable. It was highlighted that the petitioner had been in custody since 26.03.2019, and the trial process could be prolonged. It was also noted that there was nothing to be recovered from the petitioner. The State counsel opposed the petitioner's submissions. After considering the facts and circumstances of the case, the court, without expressing any opinion on the case's merits, allowed the petition and granted bail to the petitioner, Narayan Sharma, pending trial. The petitioner was ordered to be released on bail upon furnishing adequate bail and surety bonds to the satisfaction of the trial Court or Duty Magistrate concerned.
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