2020 (7) TMI 363 - HC - Customs

Grant of Regular Bail - seizure of Gold Biscuits - petitioner is in custody for the last 01 year and 08 months and has relied upon various zimni orders passed by the trial Court - HELD THAT - Considering the facts and circumstances of the case and in view of the fact that main accused has been convicted for a period of three years only and also considering the fact that the petitioner is in custody for the last 01 year and 08 months and the trial is not proceedings further in view of various zimni orders (Annexure A-9 colly.) produced on record, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned. Petition disposed off.

Summary

Issues involved:
Grant of regular bail in a case under Section 135 of Customs Act, 1962 for the seizure of 63 gold biscuits at SGRDJI (Erstwhile) Rajasansi Airport, Amritsar.

Analysis:

1. Petitioner's Custody and Delay in Trial:
The petitioner filed a second petition for regular bail, citing his custody for over a year and eight months. The senior counsel argued that no evidence was being recorded, causing a delay of more than a year and four months in the trial. It was highlighted that a co-accused had already been convicted, and the recovery of gold biscuits was made from him, leading to the petitioner's nomination based on disclosure statements. The value of the gold biscuits recovered from the co-accused was mentioned, and it was noted that the maximum punishment for the petitioner may not exceed three years, of which he had already served a substantive sentence. Additionally, the petitioner's age and previous grant of default bail were emphasized.

2. Opposition to Bail by Respondents:
The respondents opposed the bail plea, pointing out the petitioner's involvement in other cases where he was in custody and declared a proclaimed person. Despite this, it was acknowledged that the co-accused had been convicted for three years. The respondents did not dispute the circumstances surrounding the recovery of gold biscuits from the co-accused.

3. Judicial Decision:
After hearing arguments from both sides, the court, without delving into the merits of the case, considered the facts and circumstances. Noting that the main accused had been convicted for three years and the petitioner had been in custody for a significant period with trial delays, the court allowed the petition. The petitioner was directed to be released on regular bail upon furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

4. Conclusion:
The petition for regular bail was granted based on the prolonged custody of the petitioner, delays in trial proceedings, and the conviction of the main accused. The judgment highlighted the need to balance the right to bail with the circumstances of the case, ultimately leading to the petitioner's release on bail.