2018 (2) TMI 119 - HC - Customs

Bail application - Held that - considering the nature of allegations, role attributed to the applicant, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail - application allowed.

Summary

Issues involved:
Application for regular bail under Section 439 of the Code of Criminal Procedure in connection with DRI vide F. No. DRI/AZU/GI-01/ENQ-35/2017 regarding summons under Section 108 of the Customs Act issued by Superintendent of Customs Department.

Detailed Analysis:

Issue 1: Application for Regular Bail
The applicant filed an application seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with a case related to summons under Section 108 of the Customs Act issued by the Superintendent of Customs Department. The applicant's counsel argued for bail, emphasizing the nature of allegations and the applicant's role. The prosecution, represented by the Additional Public Prosecutor and another advocate, opposed the grant of bail citing the gravity of the offense.

Issue 2: Grant of Regular Bail
After hearing arguments from both sides, the judge decided to grant regular bail to the applicant. The judge considered the nature of allegations in the case and exercised discretion in favor of granting bail. The applicant was ordered to be released on regular bail upon executing a personal bond of &8377; 10,000 with one surety of the same amount to the satisfaction of the Trial Court. The judge imposed several conditions, including the deposit of &8377; 10 lacs before the concerned department in two installments, not misusing the liberty, surrendering the passport, marking presence before the Customs authority monthly, and providing a permanent address of residence.

Issue 3: Conditions of Bail
The judge laid down specific conditions for the bail, such as not leaving the State of Gujarat without prior permission, not acting against the prosecution's interest, and informing the Investigating Officer and the Court about any change of residence. The applicant was directed to mark his presence before the Customs authority monthly and not to breach any of the imposed conditions. The Sessions Judge was empowered to take appropriate action in case of any breach.

Issue 4: Judicial Observations
The judge clarified that the observations made during the bail order should not influence the Trial Court during the trial. The bail bond was to be executed before the Lower Court having jurisdiction over the case. The concerned Court had the authority to modify or relax any of the conditions as per the law. The rule was made absolute to the extent mentioned in the order, and direct service was permitted.

This detailed analysis outlines the legal proceedings, arguments presented, the judge's decision on granting bail, and the specific conditions imposed for the applicant's release.