2024 (9) TMI 714 - HC - Customs

Seeking grant of anticipatory bail u/s 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 - arrest in relation to offence punishable under Sections 135(1)(b), 135(1)(i)(A) of Customs Act - smuggling of 5 Kgs of gold - HELD THAT - Certainly, in this case, the vehicle used in the crime, was in the name of applicant's brother Gourav Garg, only on the basis of that ground, the gravity of the offence cannot be mitigated. Actually, as per the allegation made in the case diary, there are evidence wherein allegations of committing offence, are prima facie emerging against the applicant. So far as the law laid down in the case of TARSEM LAL VERSUS DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE 2024 (5) TMI 837 - SUPREME COURT is concerned, since the applicant has not cooperated in the investigation proceeding then he cannot be given any benefit in view of the law laid down in Tarsem Lal. So far as the law laid down in the cases of ARNESH KUMAR VERSUS STATE OF BIHAR ANR 2014 (7) TMI 1143 - SUPREME COURT and SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION ANR. 2022 (8) TMI 152 - SUPREME COURT is concerned, the law laid down in V. SENTHIL BALAJI VERSUS THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS. 2023 (8) TMI 410 - SUPREME COURT , by Hon'ble the Apex Court, it is held that the said law can not be applied to certain categories of offences, including economic offences, but only to minor offences under the Penal Code, 1860. Thus, without expressing any opinion on the merits of the case, no case for grant of anticipatory bail is made out. Hence, the application is liable to be and is hereby rejected.

Summary

Issues:
Bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for anticipatory bail in relation to Customs Act offences.

Analysis:
The applicant filed a bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with a case registered under Sections 135(1)(b), 135(1)(i)(A) of the Customs Act. The prosecution alleged that the applicant was the mastermind behind smuggling 5 kgs of gold seized from individuals in a vehicle registered in his brother's name. The applicant claimed innocence, arguing false implication and citing legal precedents such as Arnesh Kumar vs. State of Bihar, Satender Kumar Antil Vs. CBI, and V. Senthil Balaji Vs. State to support his case that arrest is unnecessary post-cognizance. The applicant also referenced the Tarsem Lal case to argue against arrest post-cognizance by Customs officials under the Prevention of Money Laundering Act.

The respondent contended that the applicant was a key player in the crime and should not be granted anticipatory bail due to non-cooperation in the investigation, criminal history, and being a flight risk. The respondent relied on case law like Union of India Vs. Padam Narain Aggarwal to oppose anticipatory bail. The applicant's counsel refuted the criminal antecedents claim and emphasized the right to anticipatory bail despite past records.

The court noted that the vehicle used in the crime was registered in the applicant's brother's name but found prima facie evidence against the applicant. It emphasized the need for cooperation in investigations to qualify for anticipatory bail, citing Tarsem Lal and other legal precedents. The court referenced Union of India Vs. Padam Narain Aggarwal to explain the nature of anticipatory bail and the exceptional circumstances required for its grant. It also highlighted Jai Prakash Singh vs. State of Bihar, emphasizing that anticipatory bail is an extraordinary privilege granted in exceptional cases and subject to strict legal principles.

Considering the facts, legal principles, and the nature of allegations, the court concluded that the applicant did not meet the criteria for anticipatory bail at the current stage of the case. The court rejected the bail application based on the settled legal propositions and factual circumstances, without expressing an opinion on the case's merits.