1989 (1) TMI 133 - HC - Customs

Summary

Issues:
Cancellation of anticipatory bail orders based on new evidence linking respondents to contraband smuggling.

Analysis:
The judgment pertains to two applications made by the Superintendent of Customs seeking the cancellation of anticipatory bail orders granted to the respondents. The Customs Authorities confiscated a significant amount of contraband gold bars, leading to the respondents seeking anticipatory bail to avoid arrest. Initially, the learned Judge granted bail observing no direct connection between the respondents and the contraband. However, subsequent investigations revealed new evidence establishing a prima facie link between the respondents and the seized contraband worth nearly three crores. The Customs Authorities sought cancellation of bail to conduct a thorough and unbiased investigation without any undue advantage to the respondents.

In support of the applications, it was highlighted that the respondents provided incomplete or missing documentation, such as passports and the Air-Way bill associated with the contraband. Additionally, statements from witnesses implicated the respondents, indicating attempts to influence them to evade investigation. The Customs Authorities argued that the respondents' connections to the contraband were evident, necessitating a deeper investigation without hindrance.

On the other hand, the respondents' counsel argued that the initial bail was granted after considering all relevant facts. They emphasized the respectable status and social contributions of the respondents, asserting their cooperation with the investigation process. However, the Judge expressed skepticism regarding the respondents' status, citing potential deceptive factors and the need for a transparent investigation free from any influence.

Ultimately, the Judge decided to cancel the anticipatory bail granted to one respondent, directing their custody for further investigation due to the direct link established with the contraband. For the other respondent, bail was granted with stricter conditions, including a higher bail amount and mandatory attendance at the Customs Authorities' office when required. The judgment underscores the importance of allowing investigative authorities to conduct thorough inquiries in cases involving significant economic implications, emphasizing the need for unbiased scrutiny and adherence to legal procedures.