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Issues:
1. Anticipatory bail application under Section 438 Cr. P.C. based on alleged implication in a Customs Act case. 2. Admissibility and reliability of confession of a co-accused as the main evidence against the petitioner. 3. Legal precedents regarding the use of confession statements and other evidence in criminal cases. 4. Consideration of custodial interrogation necessity for tracing the source of foreign currencies and preventing interference with the investigation. Analysis: The petitioner sought anticipatory bail in a case under Section 135(1) of the Customs Act, claiming innocence and lack of involvement in the alleged offence. The main argument was that the confession of a co-accused, implicating the petitioner, should not be the sole basis for prosecution. Reference was made to legal precedents emphasizing the need for corroborative evidence beyond co-accused confessions to establish guilt. The petitioner's counsel cited cases where bail was granted based on insufficiency of evidence solely from co-accused confessions, highlighting the distinction between considering confessions and treating them as direct evidence. Conversely, the Special Public Prosecutor relied on legal authorities supporting the admissibility and reliability of co-accused confessions, especially when voluntarily made and supported by circumstantial evidence. The prosecutor argued that custodial interrogation of the petitioner was necessary to uncover the origins of the foreign currencies involved in the alleged offence. The prosecutor contended that granting anticipatory bail could impede the investigation, particularly in cases of economic crimes with significant social impact. The court examined the facts of the case, including statements from multiple witnesses implicating the petitioner in arranging the transportation of the foreign currencies through the co-accused. These witness statements, along with the confession of the co-accused, formed a prima facie case against the petitioner. The court considered the seriousness of the offence and the potential impact on the country's economy due to the large quantity of foreign currencies involved. Referring to legal principles and the Law Commission's recommendations, the court concluded that the petitioner was not entitled to anticipatory bail. The court emphasized the need for caution in granting anticipatory bail, especially when it could interfere with the investigation of a crime. The court highlighted that the accusation against the petitioner was not driven by ulterior motives but aimed at upholding justice. Ultimately, the court dismissed the petitioner's application for anticipatory bail based on the substantial evidence collected by the investigating agency and the potential impact of granting bail on the ongoing investigation.
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