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Issues:
1. Application seeking anticipatory bail based on allegations of involvement in illegal importation of contraband goods. 2. Argument regarding lack of evidence connecting the petitioner to the illegal import. 3. Argument against granting anticipatory bail due to ongoing investigation of a serious economic offense. 4. Consideration of principles for granting anticipatory bail in cases of non-bailable offenses. 5. Reference to judgments emphasizing the importance of justice in economic offenses. 6. Evaluation of incriminating evidence and lack thereof against the petitioner. 7. Allegation of lack of cooperation with investigating agency. 8. Decision to grant anticipatory bail with conditions for cooperation and bond amount. Analysis: The judgment involves an application seeking anticipatory bail in a case related to the illegal importation of contraband goods. The facts presented include the discovery of contraband goods in containers purported to contain aluminum scrap, leading to allegations against the petitioner. The petitioner's counsel argued for anticipatory bail citing the lack of evidence connecting the petitioner to the illegal import, emphasizing that no incriminating evidence was collected in Delhi. Conversely, the respondent's counsel opposed anticipatory bail, highlighting the seriousness of the offense and the ongoing investigation. The respondent also pointed out the petitioner's alleged attempt to mislead authorities and lack of cooperation by not appearing before Customs officers as directed by the Bombay High Court. The judgment delves into the principles guiding the grant of anticipatory bail in cases of non-bailable offenses, considering factors such as the nature of the offense, evidence, accused's circumstances, and public interest. Reference is made to various judgments, including one emphasizing justice in economic offenses. The court evaluates the evidence against the petitioner, noting the lack of substantial incriminating evidence beyond a witness statement implicating the petitioner. Despite the serious nature of the offense, the court emphasizes the need for prima facie evidence linking the petitioner to the offense to deny anticipatory bail. Regarding the allegation of lack of cooperation, the petitioner explained the circumstances leading to delayed appearance before authorities, ultimately cooperating by providing a statement under the Customs Act. The court considers these explanations and decides to grant anticipatory bail to the petitioner with conditions, including a bond amount and continued cooperation with the investigating officer. The judgment underscores the importance of evidence and cooperation in determining the grant of anticipatory bail in cases involving serious offenses.
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