2023 (12) TMI 265 - HC - Customs

Seeking grant of bail - valuation of gold biscuits recovered from the possession of applicant - prohibited substance or not - HELD THAT - Taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Bail application allowed subject to conditions imposed.

Summary

Issues involved:
The issues involved in this case are the bail application of the applicant u/s 135 of the Customs Act, compliance with sections 102 and 104 of the Customs Act, and the contention regarding the recovery of gold biscuits from the possession of the applicant.

Bail Application u/s 135 of Customs Act:
The applicant, through learned counsel, asserted innocence and false implication due to ulterior motives. It was argued that the valuation of the recovered gold biscuits is below one crore, making the offense bailable and non-cognizable u/s 135 of the Custom Act. The non-compliance of sections 102 and 104 of the Custom Act by custom officials was highlighted. The applicant expressed readiness to cooperate with the legal process, emphasized lack of criminal history, and provided reasons to refute the allegations against him.

Contention of Special Counsel for D.R.I.:
The Special Counsel for D.R.I. opposed the bail plea, emphasizing that the nature of the recovered material, being a prohibited substance, warrants no leniency. However, it was acknowledged that one co-accused had already been granted bail, raising a point of inconsistency.

Court's Decision and Conditions for Bail:
After considering submissions and evaluating the circumstances, the Court, without expressing any opinion on the case's merits, decided to grant bail to the applicant. The applicant was directed to furnish a personal bond and two local sureties, adhere to specified conditions including non-tampering with evidence, attending court proceedings, and not delaying the trial. Additional conditions included filing an undertaking to avoid adjournments, refraining from misusing bail, and ensuring personal presence during crucial trial stages. The verification of sureties and the provision for bail cancellation in case of condition breaches were also outlined.

Conclusion:
The bail application of the applicant, involved in a case u/s 135 of the Customs Act, was allowed by the Court with specific conditions to ensure compliance and prevent misuse of bail privileges.