2021 (4) TMI 700 - HC - Customs

Grant of Bail - Smuggling - Gold Bars - Bailable offence or not - Section 135(1)(i)(A) of the customs Act, 1962 - HELD THAT - Considering the length of detention, this court is of the opinion that further continuation of detention of the accused may not be required. Accordingly, it is provided that the accused petitioner shall be released on bail with two suitable sureties each (atleast one should be permanent resident of Assam), of the like amount to the satisfaction of the learned CJM, Kamrup(M), Guwahati, subject to the conditions imposed - bail application allowed.

Summary

Issues: Bail application under Section 439 Cr.P.C. for accused-petitioner in connection with Customs Act, 1962 case involving suspected gold bars recovery.

Analysis:
1. Legal Provision Interpretation:
- The accused-petitioner sought bail under Section 439 Cr.P.C. for a case under Section 7(1)/11 of the Customs Act, 1962. The defense argued that the alleged offense does not stand as only 12 out of 18 suspected gold bars were recovered, valuing below the threshold for a non-bailable offense.
- The prosecution contended that the total value of the seized gold bars exceeded ?1 crore, making it a non-bailable offense under Section 135(1)(i)(A) of the Customs Act, 1962. Citing precedent, the prosecution argued against treating each transaction separately.

2. Case Background:
- On a specific tip-off, D.R.I. officers intercepted individuals carrying gold biscuits, leading to the recovery of 12 gold bars from one person and 6 from the accused. The accused was detained based on this recovery.

3. Judicial Decision:
- Considering the arguments, the court assessed the value of the seized gold bars, the accused's detention length, and the nature of the offense. The court concluded that continued detention may not be necessary.
- The court granted bail to the accused-petitioner at ?50,000 with specific conditions, including cooperation in the investigation, refraining from influencing witnesses, not committing similar offenses, staying in Assam, and surrendering the passport.

4. Precedent Reference:
- The defense cited previous court decisions to support the argument for bail, emphasizing the value of recovered items in determining the nature of the offense.

5. Final Order:
- The court ordered the release of the accused on bail, subject to the specified conditions and directed the return of the case diary, thereby disposing of the bail application.