2020 (12) TMI 1278 - SC - Customs

Seeking grant of Bail - Smuggling - Gold Biscuits - offences punishable under Section 135 of the Customs Act, 1962 - HELD THAT - The appellant is entitled to the facility of bail under Section 439 Code of Criminal Procedure. It is therefore, directed that he appellant shall be produced before the Trial Court within three days from today and the Trial Court shall release him on bail on such conditions as the Trial Court may deem appropriate to impose; including (i) That the appellant shall not go beyond the jurisdiction of the concerned Court without express permission of the Trial Court. (ii) That he shall report to the concerned Police Station every Monday at 10.30 AM and shall make himself available and co-operate with investigation. Appeal allowed.

Summary

Issues involved: Bail application under Section 439 of the Code of Criminal Procedure for offenses under Section 135 of the Customs Act, 1962.

The judgment by the Supreme Court pertains to an appeal challenging a High Court order in connection with a complaint filed under Section 135 of the Customs Act, 1962. The appellant had been in custody since November 13, 2019, and his bail application had been rejected. The respondents submitted various incriminating details, including the discovery of gold biscuits on the appellant, multiple trips to Myanmar for importing gold, the use of multiple mobile phones, and the absconding of a principal offender. After hearing both parties, the Court found the appellant entitled to bail under Section 439 of the Code of Criminal Procedure. The Court directed the appellant to be produced before the Trial Court within three days for release on bail with specified conditions, such as restrictions on travel and regular reporting to the police station. These conditions aimed to ensure the appellant's cooperation with the investigation and prosecution, without causing any hindrance. The appeal was allowed, and pending applications were disposed of accordingly.