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Grant of bail in a prosecution under Section 135 of the Customs Act without recording reasons, challenge to the order of bail, maintainability of Revision Application, legal position of bail orders under Sections 437(1) and 439(1) of the Criminal Procedure Code, significance of reasons for granting or refusing bail, role of Customs Officers in seeking custody, importance of preventing absconding and tampering with evidence in economic offences, balancing individual liberty with societal interests in economic offences investigations. Detailed Analysis: 1. Grant of Bail without Recording Reasons: The judgment concerns a Revision Application filed by the Assistant Collector of Customs and Central Excise challenging the Order of grant of bail in a prosecution under Section 135 of the Customs Act. The Court noted that the bail order lacked reasons, which is a statutory obligation under Section 437(4) of the Criminal Procedure Code. The lack of reasons rendered the bail order unsustainable, as it did not assist in understanding the factors considered in granting bail. 2. Challenge to the Order of Bail: The Court emphasized that an order of bail, once passed under Section 437(1), cannot be reviewed or revised by the same authority. However, the power to cancel bail under Section 437(5) should be sparingly used in extraordinary circumstances. In this case, the Court found the bail order unjustified due to the nature of the offense and the value of the seized goods, amounting to over Rs. 23 lakhs. The lack of reasons and non-application of mind by the trial Magistrate led to the order of bail being set aside. 3. Maintainability of Revision Application: The Respondents contended that the Revision Application was seeking cancellation of bail, which was not justified. However, the Court rejected this argument, stating that challenging an unjustified bail order in a superior Court is essential for upholding justice. Citing precedent, the Court held that an order granting bail in such circumstances is not merely interlocutory and can be challenged through a Revision Application. 4. Legal Position of Bail Orders under Criminal Procedure Code: The judgment clarified that orders granting bail under Sections 437(1) and 439(1) of the Criminal Procedure Code are final orders. Such orders can be challenged in the Sessions Court or High Court through revisional powers. The Court highlighted that there is no bar in entertaining a revision application under Section 397(2) of the Criminal Procedure Code for challenging bail orders. 5. Role of Customs Officers and Importance of Custody in Investigations: The judgment underscored the role of Customs Officers in investigations involving economic offenses like smuggling. It noted that Customs Officers do not have their lock-ups and rely on judicial custody for suspects. Custody may be necessary to prevent absconding and tampering with evidence, especially in cases of large-scale conspiracies and high-value contraband. Balancing individual liberty with the need for custody to facilitate investigations was deemed crucial. 6. Balancing Societal Interests in Economic Offenses Investigations: The Court highlighted the detrimental impact of economic offenses on the economy and foreign exchange. It stressed the importance of facilitating investigations into economic offenses and ensuring that remand courts consider societal interests while deciding on the liberty of suspects. The judgment emphasized the need to balance the common good of society with individual liberty in such cases. 7. Directions for Custody and Bail Amounts: The Court directed different measures for the Respondents based on their roles in the offense. While the Respondent No.1 was to be taken into judicial custody for a specific period, Respondents Nos. 2 to 6 were ordered to report to the Petitioner daily for a month. Additionally, the bail amounts for the Respondents were substantially enhanced considering the nature of the offense, with specific amounts set for each Respondent along with sureties. In conclusion, the judgment addressed the issues of granting bail without reasons, the challenge to bail orders, the legal position of bail under the Criminal Procedure Code, the role of Customs Officers in seeking custody, the significance of preventing absconding in economic offenses investigations, and the need to balance individual liberty with societal interests in such cases. The Court's detailed analysis and directions provided clarity on the appropriate handling of bail in cases involving economic offenses like smuggling.
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