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2019 (12) TMI 1148 - HC - CustomsBail application - carrying contraband goods of others in good faith - gold was inside the iron press - allegation against the applicant is that he was taken into custody by the officials of the customs at the Airport - his statement was recorded before the Customs Authority u/s 108 Customs Act - HELD THAT - Considering the material available on record as well as that the applicant is in jail since 17.11.2018 and the trial has yet not commenced. Accordingly without expressing any opinion on merit of the case the Court is of the view that the applicant is entitled to be released on bail. Let the applicant Shambhu Chauhan involved in crime case under Sections 135 (1)(a)(i)(A)r/w 104 110 119 123 Customs Act relating to police station Airport Sarojani Nagar District Lucknow be released on bail on his furnishing a personal bond alongwith proper photo identity proof with two reliable sureties each in the like amount to the satisfaction of the court concerned subject to conditions imposed.
Issues: Bail application; Delay in trial commencement; Allegations under Customs Act; Applicant's background and submission; Special Prosecutor's opposition.
Bail Application: The High Court of Allahabad, in a judgment delivered by Hon'ble Jaspreet Singh, J., heard a bail application. The applicant, a poor Carpenter, had been in jail since 17.11.2018 on allegations under Sections 135(1)(a)(i)(A)r/w 104, 110, 119, 123 of the Customs Act. The applicant's counsel argued that he was unaware of the goods he was carrying, which turned out to be gold, and that he had no criminal history. The charge-sheet had been filed, and there was no risk of witness tampering. The Special Prosecutor did not dispute these facts. Delay in Trial Commencement: The Special Prosecutor informed the court that despite fixed trial dates, no proceedings had begun, and no witnesses had been examined. The applicant's counsel confirmed this lack of progress. The court noted this delay and proceeded to consider the bail application on its merits. Allegations under Customs Act: The applicant was taken into custody by customs officials at the airport in Lucknow, and his statement was recorded under Section 108 of the Customs Act. The goods he was carrying, initially believed to be an iron press, were later discovered to contain gold. The applicant claimed he was misled by someone in Dubai due to financial constraints and poor health. Applicant's Background and Submission: The applicant, a Carpenter, had no criminal record and was allegedly unaware of the gold he was carrying. He had been in jail since November 2018 and sought bail due to the lack of trial progress. The court considered his circumstances and decided to grant bail without expressing an opinion on the case's merits. Special Prosecutor's Opposition: The Special Prosecutor opposed the bail application but did not contest the applicant's lack of criminal history or the delay in trial commencement. Despite the opposition, the court, based on the material available and the extended period of incarceration without trial, deemed the applicant entitled to bail. In conclusion, the court ordered the release of the applicant, subject to specific conditions, including not influencing witnesses, cooperating in the case's expedited disposal, refraining from unlawful activities, and obtaining court permission before leaving the country. Failure to comply with these conditions could result in bail cancellation and the applicant's return to prison.
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