2020 (10) TMI 599 - HC - Customs

Grant of Bail - Sections 135 of Custom Act, 1962 - Smuggling - Gold biscuits - valuation of the gold biscuits is below one crore - section 102 of and 104 of Custom Act - HELD THAT - Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of DATARAM SINGH VERSUS STATE OF UTTAR PRADESH AND ANR. 2018 (2) TMI 410 - SUPREME COURT and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with certain conditions imposed. Bail application allowed.

Summary

Issues involved: Bail application under Section 135 of Custom Act, compliance with Custom Act provisions, false implication, applicant's cooperation with the law, opposition by State, conditions for bail, verification of bail order.

Bail Application: The judgment pertains to a bail application filed for the release of the applicant in a case under Section 135 of the Custom Act, 1962. The applicant, Sheikh Ajizul Rahman, through his counsel, claimed innocence and being falsely implicated due to ulterior motives. It was argued that the valuation of the gold biscuits involved was below one crore, making the offense bailable and non-cognizable under Section 135 of the Custom Act. The applicant expressed readiness to cooperate with the legal process, attend court hearings, and abide by any conditions imposed by the court. The applicant's lack of criminal history and assurance of cooperation were highlighted in the plea.

Compliance with Custom Act Provisions: The counsel for the applicant contended that the Custom officials did not adhere to the provisions of Section 102 and 104 of the Custom Act properly. It was argued that this non-compliance further supported the claim of false implication against the applicant. Various submissions were made to demonstrate the alleged inaccuracies and procedural lapses in the case, aiming to establish the applicant's innocence.

State's Opposition and Court's Decision: The learned AGA representing the State opposed the bail application. However, after considering the material on record, the court invoked the larger mandate of Article 21 of the Constitution of India and referred to the Supreme Court's ruling in Dataram Singh's case. The court, without expressing any opinion on the case's merits, granted bail to the applicant. The court imposed specific conditions for the bail, including non-tampering with evidence, cooperation in the trial process, refraining from criminal activities post-release, and compliance with short-term bail orders if applicable. The court also mandated the verification of the bail order through the official website of the High Court Allahabad to prevent any breach of the imposed conditions.

Conditions for Bail and Verification: The court outlined detailed conditions for the applicant's bail, emphasizing the importance of compliance to avoid cancellation of bail. These conditions included restrictions on tampering with evidence, cooperation in the trial, abstaining from criminal activities, and adherence to short-term bail orders if relevant. Additionally, the court specified the process for verifying the bail order through the official website of the High Court Allahabad, underlining the significance of authentic documentation and verification to maintain the integrity of the bail process.