2023 (9) TMI 510 - HC - Indian Laws

Seeking grant of anticipatory bail - HELD THAT - Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant. Application allowed.

Summary

Issues involved: Anticipatory bail application u/s 438 Cr.P.C., Allegations of entering into conspiracy with public servants, Evasion of custom duty, Conditions for interim anticipatory bail.

Anticipatory Bail Application u/s 438 Cr.P.C.: The applicant moved an anticipatory bail application after rejection by the Special Judge, seeking relief in a case involving charges under Sections 120B I.P.C. r/w 419/420 I.P.C. & 7 (c), 13 (1) (a) r/w 13 (2) of Prevention of Corruption Act. The charge sheet alleged that the applicant illegally carried foreign origin cigarettes and conspired with customs officers. The applicant claimed innocence and lack of criminal history, emphasizing the delay between the alleged incident and the filing of the FIR. The court directed the opposite party to file a counter affidavit and granted interim anticipatory bail with specified conditions.

Allegations of Entering into Conspiracy with Public Servants: The C.B.I. accused the applicant of conspiring with public servants regarding the evasion of custom duty. The provisions of the Prevention of Corruption Act were invoked, applicable to public servants. The defense argued that the customs officers' offenses were subject to a maximum punishment of three years and that the alleged evasion amount was below a specified threshold, making the offense bailable. The court noted the need for further consideration on this matter.

Evasion of Custom Duty: The defense highlighted that the evasion of custom duty in the case was of a lesser amount, potentially falling under bailable offenses as per the Customs Act. The defense counsel emphasized the provisions related to the punishment for customs officers and the threshold for bailable offenses under the Customs Act. The court acknowledged the significance of these arguments and indicated the need for detailed examination.

Conditions for Interim Anticipatory Bail: The court granted interim anticipatory bail to the applicant with specific conditions, including furnishing a personal bond and solvent sureties, making himself available for interrogation, refraining from influencing witnesses, not leaving the country without court permission, and complying with trial court appearances. The court observed no violations of the bail conditions and decided to make the interim order absolute, allowing the application in accordance with the specified conditions.