2023 (11) TMI 1177 - HC - Customs

Seeking grant of Regular Bail - Smuggling - contraband gold in compound form - alleged involvement of the petitioner or not - HELD THAT - Though the allegations against the petitioner are serious, considering the fact that the petitioner has been detained since 5.10.2023 and the investigation has progressed, it is held that bail can be granted to the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the conditions imposed.

Summary

Issues involved: Bail application u/s 439 of CrPC for offence u/s 135 of Customs Act

The petitioner filed a bail application u/s 439 of CrPC seeking regular bail as one of the accused in a case registered for committing an offence u/s 135 of the Customs Act. The prosecution case involved intercepting a passenger carrying contraband gold, followed by the recovery of capsules containing gold and cash from other individuals involved in the smuggling activities. The petitioner claimed innocence and unnecessary custody since a specific date. The respondent opposed the bail application, presenting a report showing the alleged involvement of the petitioner in the offence.

Details of the Judgment:

The Court noted the seriousness of the allegations against the petitioner but considered the duration of custody and progress in the investigation. Consequently, the Court granted bail to the petitioner with specific conditions. The conditions included executing a bond, providing sureties, reporting to the Investigating Officer as required, restricting entry to a particular district, refraining from tampering with evidence or influencing witnesses, staying away from criminal activities, surrendering the passport (if any), providing contact details to the court and Investigating Officer, and empowering the jurisdictional court to cancel bail in case of condition violations.