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Issues: Bail granted to the first respondent challenged by Assistant Collector of Customs.
The judgment involves the challenge to the grant of bail to the first respondent by the Additional Chief Judicial Magistrate in connection with a crime under Section 135 of the Customs Act, 1962. The Customs Authorities arrested the first respondent along with others for attempting to smuggle gold biscuits into India. The Assistant Collector of Customs challenged the bail order on various grounds, including the risk of the first respondent absconding, his involvement in a well-planned smuggling scheme, and his past record of jumping bail in a previous case. The Additional Central Government Standing Counsel argued that releasing the first respondent on bail could jeopardize the investigation as the contraband gold had not been located, and he might have connections to other individuals involved in the smuggling operation. The defense counsel for the first respondent contended that the lower court had considered all relevant points before granting bail. He cited a Supreme Court decision to support the argument that bail cannot be denied indefinitely, even in cases of economic offenses. However, the High Court judge, after reviewing the circumstances and arguments presented, found the risk of the first respondent jumping bail to be a significant concern. The judge noted that the first respondent had a history of absconding after being released on bail in a previous customs case. The judge also highlighted the substantial value of the gold biscuits involved in the current case and the first respondent's alleged connections with influential individuals both in India and abroad. The judge concluded that considering these factors, it was not appropriate to release the first respondent on bail at that stage. In the detailed analysis, the judge emphasized the importance of preventing the first respondent from absconding, especially given his past behavior and the serious nature of the allegations against him. The judge noted that the Customs Authorities had issued a 'Red Alert Notice' for the first respondent's arrest, indicating the seriousness of the situation. The judge also questioned the lower court's reasoning in granting bail without thoroughly examining all relevant aspects, including the potential risks and connections of the first respondent. Ultimately, the judge quashed the bail order, concluding that it was not the appropriate time to release the first respondent given the circumstances of the case and the concerns raised by the prosecution.
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