2009 (11) TMI 198 - HC - Customs

Bail- It is alleged in the petition that the order granting bail is bad in law as well as on facts as the case involved evasion of customs duty amounting to more than Rs. 1 crore and the Learned ACMM did not deal with all the submissions and did not consider the judgment relied upon by its counsel despite noticing them. It has been stated that bail ought not to have been granted to the respondents in view of seriousness of the offence pendency of investigation and the conduct of the respondents. Held that- there is no allegation that the respondent has tried to misuse the liberty of bail granted to him. There is no allegation that he did not attend the Court or even the office of Directorate of Revenue Intelligence. There is no allegation of his trying to influence any witness or interfering with the course of investigation. In view of the above discussion subject to the respondent complying with the undertaking given by his counsel there is no compelling ground for setting aside the order whereby the bail was granted to the petitioner. The petition is therefore dismissed.

Summary

Issues:
Challenging the bail order under Code of Criminal Procedure, evasion of customs duty, seriousness of the offence, post-bail conduct, setting aside bail order, misuse of bail, influence on witnesses, interference with investigation, compliance with bail conditions.

Detailed Analysis:

1. Challenging the Bail Order:
The petition under Section 482 r/w 439 (2) of the Code of Criminal Procedure challenges the bail order dated 11-6-09, where respondents were granted bail by A.C.M.M., New Delhi, after being arrested for smuggling foreign liquor. The petitioner alleges that the bail order is bad in law and fact due to the evasion of customs duty exceeding Rs. 1 crore and the failure of the Learned ACMM to consider all submissions and relevant judgments.

2. Evasion of Customs Duty:
The case involves the evasion of customs duty exceeding Rs. 1 crore in connection with the smuggling of foreign liquor. The seriousness of the offence, the ongoing investigation, and the conduct of the respondents are cited as reasons why bail should not have been granted, emphasizing the gravity of the customs duty evasion.

3. Post-Bail Conduct and Setting Aside Bail Order:
The judgment references various legal precedents to highlight the importance of post-bail conduct and supervening circumstances in considering the setting aside of a bail order. It is established that bail can be cancelled if the accused interferes with justice, evades court processes, or abuses the bail concession. The court may examine if the bail was granted without due consideration or in violation of statutory provisions.

4. Misuse of Bail and Influence on Witnesses:
The judgment clarifies that bail can be cancelled if there is misuse of the liberty granted, attempts to influence witnesses, or interference with the investigation process. However, in the absence of such allegations against the respondent in this case, the court finds no compelling ground to set aside the bail order, especially when the respondent is willing to deposit additional sums as a display of bona fides.

5. Compliance with Bail Conditions:
The respondent's willingness to deposit additional sums with the Directorate of Revenue Intelligence is considered a positive step towards compliance with bail conditions. As long as the respondent fulfills the undertaking given by their counsel, the court sees no reason to disturb the bail order and dismisses the petition challenging the bail granted to the respondent.

6. Conclusion and Observations:
The judgment concludes that setting aside a bail order requires compelling reasons and must be based on strong evidence of manifest illegality, injustice, or impropriety. The court emphasizes that the failure to discuss certain judgments in the bail order does not automatically warrant setting aside the bail. The decision to dismiss the petition is made, with a directive for the petitioner to accept the amounts deposited by the respondents in compliance with the bail conditions.