2025 (4) TMI 1548 - HC - Customs

Seeking grant of regular bail - demand of bribe for release of shipment - HELD THAT - The applicant is in jail for about two months. As the investigation is over further detention of the applicant is not warranted. Considering the overall facts and circumstances of the case the applicant is released on bail. Criminal Bail Application is allowed.

Summary

The Bombay High Court, in the bail application arising from Crime No. RC0262024A0043 registered by the CBI under Section 7 of the Prevention of Corruption Act, 1988, considered the applicant's role as Superintendent SIIB (Import) in allegedly demanding a bribe of Rs. 5 Lakhs for releasing a shipment containing TOLUENE DI-ISOCYANATE. The applicant contended that he lacked final authority over shipment release, which rested with the Commissioner of Customs, and that the allegations were false, motivated by the complainant's desire to avoid demurrage charges. The prosecution alleged the applicant accepted Rs. 2.5 Lakhs through a co-accused.The Court noted the serious nature of the offence but observed that the applicant had been in custody for about two months and that the investigation was complete. Holding that "further detention of the applicant is not warranted," the Court granted bail, directing release upon execution of a P.R. bond of Rs. 25,000 with one or two sureties of the like amount. The application was accordingly allowed and disposed of.