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2024 (5) TMI 817 - HC - CustomsApplication For grant of Bail - offence punishable under Sections 135 - smuggling - cigarettes of foreign origin - HELD THAT - Considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned counsel for the Customs that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. In case of breach of any of the conditions, it shall be a ground for cancellation of bail.
Issues involved: Bail application u/s 135 of the Customs Act, 1962 for smuggling case involving foreign origin cigarettes.
Summary: The applicant sought bail for a case involving smuggling of foreign origin cigarettes at Lucknow Airport. The applicant was intercepted with three cartons of cigarettes valued at Rs. 8,40,000/-, which were not declared and sought to be smuggled. The applicant claimed innocence, stating that his signatures were taken forcibly and he has no criminal history apart from this case. The Customs contended that the total quantity of cigarettes seized from all co-accused exceeded Rs. 3 crores, making the offence non-bailable. The Court considered the value of the goods allegedly smuggled by the applicant, which was below Rs. 30,00,000/-, making the offence punishable up to 7 years u/s 135 of the Customs Act. Given the lack of criminal history and the triable nature of the offence, the bail application was allowed. The Court granted bail to the applicant, Mohd. Rafeeq, in the case involving smuggling of foreign origin cigarettes at Lucknow Airport. The applicant was required to furnish a personal bond with two reliable sureties, each in the like amount. Certain conditions were imposed, including not seeking adjournments during witness presence, depositing the passport with the trial court, remaining present on all court dates, and not leaving the country without permission. Any misuse of bail, deliberate absence, or breach of conditions would lead to cancellation of bail.
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