2024 (8) TMI 1067 - HC - Customs

Seeking grant of bail - Applications filed u/s 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - offences punishable under Sections 132 and 135 of the Customs Act, 1962 - conscious possession of 1875.91 grams of gold paste concealed in five capsules - HELD THAT - In the instant case, as the petitioners have been in judicial custody for the last 61 days, the investigation in the case is not complete, all the offences alleged against the petitioners are punishable for a period up to ten years, and the Investigating Officer has not laid the complaint till date. Hence, the petitioners are entitled to be released on compulsive bail, since it is their indefeasible right under Section 167(2) of the Code. The applications are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the fulfilment of conditions imposed - bail application allowed.

Summary

Issues:
Bail application under Section 483 of BNSS for accused in Customs Act case.

Analysis:
The judgment pertains to bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by two accused in a case registered under Sections 132 and 135 of the Customs Act, 1962. The accused, Malaysian citizens, were intercepted at Cochin International Airport with gold paste in their possession. The accused sought bail, claiming innocence and citing incomplete investigation after being in custody for 61 days. The Special Public Prosecutor opposed, fearing flight risk due to their nationality. The court considered the accused's custody duration, incomplete investigation, and the nature of the offenses, which are punishable for less than ten years. The court referenced Section 167 of the Code of Criminal Procedure, emphasizing the right to bail after specific detention periods. A legal proposition from a Supreme Court case was cited, highlighting the accused's right to bail due to investigative delays. The court granted bail, imposing conditions such as regular appearance before the Investigating Officer, surrendering passports, and restrictions on leaving the territorial jurisdiction without court permission. The court empowered the Investigating Officer to continue investigations and make recoveries as necessary, even while the accused are on bail, in line with a Supreme Court ruling.

This judgment highlights the application of legal provisions and precedents in granting bail to accused individuals based on the duration of custody, incomplete investigation, and the nature of the alleged offenses. The court's decision underscores the importance of upholding the rights of the accused, as enshrined in the Code of Criminal Procedure, while also considering factors such as flight risk and the progress of the investigation. The conditions imposed on the bail ensure compliance and accountability on the part of the accused, safeguarding the integrity of the legal process and the interests of justice. The reference to relevant legal principles and previous court rulings demonstrates a thorough and reasoned approach by the court in adjudicating the bail applications in this case.