2023 (6) TMI 961 - HC - Customs

Smuggling - recovery of gold - officers seized the said capsules containing gold in paste form totally weighing 6454.09 gms - HELD THAT - Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 25-11-2022 and also that the petitioners have no other criminal antecedents, bail granted to the petitioners and it is ordered that the petitioners shall be released on bail on the stringent conditions imposed. The petitioners shall execute bond for a sum of Rs. 50,000/- each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court. One of the sureties shall be a native of the State of Kerala - Petitioners shall appear before the investigating officer in O.S. No. 220/2022 of Air Customs, Cochin International Airport on every Saturday at 11 am till the final report is filed and shall also appear and co-operate with the investigation as and when required by the investigating officer. Bail application allowed.

Summary

Issues: Application for Regular Bail in a case involving offences under Sections 132 and 135 of the Customs Act, 1962.

Analysis:
1. Accusations and Allegations:
- Accused persons intercepted at Cochin International Airport with gold capsules.
- Accused charged under Sections 132 and 135 of the Customs Act, 1962.
- Gold capsules containing 6454.09 gms of gold seized, worth Rs. 2,95,49,230/-.

2. Bail Application and Arguments:
- Accused arrested on 25-11-2022 and in custody since then.
- Counsel argued that further detention unnecessary for investigation.
- Prosecution opposed bail, citing need for interrogation and fear of accused absconding.

3. Court's Decision and Conditions for Bail:
- Court considered custody duration and lack of criminal antecedents.
- Granted bail with stringent conditions:
- Bond of Rs. 50,000 each with two solvent sureties, one from Kerala.
- Mandatory appearance before investigating officer weekly.
- Prohibition on interference with investigation or witness influence.
- Surrender of passport or affidavit if not held.
- Restriction on leaving Kerala, providing local address and contact details.
- Prohibition on engaging in further criminal activities while on bail.

4. Consequences of Violating Bail Conditions:
- Investigating officer empowered to file for bail cancellation if conditions breached.

This judgment highlights the court's careful consideration of the bail application in a Customs Act case involving significant amounts of gold. The court balanced the need for investigation with the accused's right to liberty, imposing strict conditions to ensure compliance and prevent interference with the legal process. The decision showcases the court's commitment to upholding the law while safeguarding individual rights during legal proceedings.