2020 (2) TMI 646 - HC - Customs

Grant of Regular Bail - Sections 132 and 135 of the Customs Act, 1962 - HELD THAT - The guilt of the petitioner/accused shall be determined during the trial. The completion of trial in the complaint case is likely to take considerable time. The detention of petitioner/accused during that period shall not serve any useful purpose more particularly when several of his co-accused have been granted concession of bail. Similarly in the connected FIR case, he has been granted pre-arrest bail. There is nothing on record to show that the petitioner has got past criminal antecedents or that he is a hardened criminal. Therefore, without touching merits of the case, it would be in fitness of things and in the interest of justice, if the present petition is accepted. The interim bail granted to the petitioner is made absolute, subject to the conditions imposed - petition allowed.

Summary

Issues: Grant of regular bail to the petitioner accused under Sections 132 and 135 of the Customs Act, 1962.

Analysis:
The petitioner, accused in a customs duty evasion case involving fake TR-6 challans, filed a petition seeking regular bail. The complaint alleged that the accused, including the petitioner, presented fake challans to evade customs duty amounting to ?1,46,63,546. The police registered an FIR and a separate complaint under the Customs Act, 1962. The petitioner's bail application in the Sessions Court was previously dismissed. The petitioner argued that his co-accused had been granted bail, and he had not misused pre-arrest bail granted in another case. The complainant opposed bail, citing the seriousness of the offense. The court noted that the guilt would be determined during trial, which might take time. Considering that co-accused had been granted bail and the petitioner had no criminal antecedents, the court granted him regular bail, emphasizing that it did not imply an opinion on the case's merits.

The court allowed the petition, making the interim bail absolute with conditions: the petitioner must appear on all hearing dates, not intimidate witnesses, and not leave India without court permission. The petitioner must surrender his passport if held or provide an affidavit. The trial court can impose additional conditions to prevent absconding or trial interference. If the petitioner breaches any bail condition, the prosecution can apply for bail cancellation. The judgment clarified that the decision did not reflect any opinion on the case's merits.