2020 (11) TMI 362 - HC - Customs

Grant of Bail - smuggling of foreign origin gold - Sections 135(1)(a)(i)(A) read with Section 104,110,111,119,123 of Customs Act, 1962 - HELD THAT - Considering the submissions of learned counsel for the parties, facts and circumstances of the case, accusation and the nature of supporting evidence, reasonable apprehension of tampering the witnesses and prima facie satisfaction of the court in support of the charges, without expressing any opinion on the merit of the case, the applicant is entitled to be released on bail. Applicant is directed to be released subject to conditions allowed - application allowed.

Summary

Issues: Bail application under Sections 135(1)(a)(i)(A) read with Sections 104,110,111,119,123 of Customs Act, 1962 - Accused falsely implicated in smuggling case - Entitlement to bail based on circumstances and evidence - Conditions for bail release.

The judgment pertains to a bail application filed by the accused-applicant involved in a case under Sections 135(1)(a)(i)(A) of the Customs Act, 1962. The applicant, represented by counsel, claimed innocence and false implication in the smuggling case, citing a recovery of foreign gold from his possession at the airport. The defense argued that the offense was bailable, with a maximum punishment of three years, and emphasized the applicant's lack of criminal history and willingness to cooperate in the trial. The prosecution opposed bail, alleging the applicant's involvement in smuggling but did not contest the factual contentions made by the defense.

The court, after considering submissions from both sides, the nature of the charges, and the supporting evidence, granted bail to the applicant. The decision was based on the reasonable apprehension of witness tampering, prima facie satisfaction of court supporting the charges, and without expressing an opinion on the case's merits. The court outlined specific conditions for the applicant's release on bail, including furnishing a personal bond with sureties, complying with terms of the bond, cooperating with the investigation and trial, and not engaging in criminal activities. Additionally, the applicant was required to submit undertakings regarding adjournments, surrendering the passport, attending court dates, and consequences of bail misuse during trial.

Overall, the judgment addressed the bail application in a case involving Customs Act violations, balancing the applicant's right to liberty with the need to ensure cooperation in legal proceedings and prevent potential tampering with witnesses or evidence. The conditions set by the court aimed to maintain accountability and ensure the applicant's presence and compliance throughout the trial process.