2023 (10) TMI 905 - HC - Customs

Seeking grant of Bail - Smuggling - foreign origin gold - HELD THAT - Considering the facts and circumstances of the case and the fact that the nothing has been recovered from the house or possession of the petitioner and his name transpired in this case on the basis of disclosure made by the apprehended persons from the spot, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,0000/- with two sureties of the like amount each to the satisfaction of learned Presiding Officer, Economic Offences Court, Patna in connection with Economic Offence P.S. Case No. 45(o) of 2023 arising out of Unit Case No. 01 of 2023 with the conditions imposed. Application allowed.

Summary

Issues Involved:
1. Bail application in connection with Economic Offences P.S. Case u/s 135(1)(b) of the Customs Act, 1962.

The petitioner sought bail in a case involving the apprehension of individuals carrying foreign origin gold smuggled from Myanmar to India. The prosecution alleged that the petitioner was the owner of the recovered gold based on disclosures made by the apprehended persons. The petitioner claimed innocence and false implication, emphasizing that no incriminating evidence was found during a raid at his premises. The petitioner argued that his incarceration without substantial evidence was unjust and cited legal precedents to support the grant of bail in economic offenses cases. The defense contended that the petitioner's involvement was based solely on disclosures, lacking concrete evidence, and highlighted the completion of the investigation with no risk of evidence tampering. The defense proposed stringent bail conditions to ensure the petitioner's presence for trial and prevent tampering with evidence or witnesses.

2. Consideration of bail in economic offenses cases.

The court deliberated on the gravity of economic offenses and the principles governing bail in such cases. Legal precedents emphasized that bail should be granted as a rule, with the gravity of the offense considered on a case-by-case basis. The court noted that economic offenses, while serious, should not automatically result in denial of bail, especially when investigations are complete. The court highlighted the purpose of bail to relieve the accused of imprisonment, ensure attendance at trial, and balance the severity of the charge with the potential punishment. The defense argued for bail based on the completion of investigation, lack of recovery from the petitioner, and the need to secure fair trial attendance.

3. Defense and prosecution arguments in support of and against bail.

The defense asserted the petitioner's innocence, challenging the basis of his implication and highlighting the lack of incriminating evidence. The defense emphasized the need for bail to ensure the petitioner's presence at trial and ability to defend himself effectively. In contrast, the prosecution opposed bail, citing recorded statements under the Customs Act implicating the petitioner in smuggling activities. The prosecution pointed to communication records and additional cases involving the petitioner to argue against granting bail. The prosecution contended that the petitioner's involvement was established through statements and connections to other accused persons, justifying denial of bail.

4. Conditions for granting bail in economic offenses cases.

The court granted bail to the petitioner with specified conditions, including cooperation in the trial, physical presence as directed, and consequences for tampering with evidence or witnesses. The court mandated verification of the petitioner's criminal antecedents and warned of bail cancellation if any concealment was discovered. The court emphasized the importance of timely acceptance of bail bonds without undue delay for verification purposes.