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TMI Blog2013 (9) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... n projected before the Court that the petitioner had ever attempted to show his manouvre to outfox the prosecution - the interest of the prosecution had to be looked into - The prosecution should not be made to suffer at the cost of the exchequer of the country - It was an economic offence, no doubt - But the nature of punishment had been ascribed in the Act itself - the petitioner be released on bail to the satisfaction of the learned Chief Metropolitan Magistrate, Kolkata, to the extent of Rs. 1 lakh with two sureties of Rs. 50,000/- each, one of whom must be local. - CRM No. 9153 of 2013 - - - Dated:- 28-6-2013 - Toufique Uddin, JJ. For the Petitioner : Mr. Sekhar Basu, Mr. Rajdeep Majumder, Mr. Ranadeb Sengupta, Mr. Shovendu Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to a point as regards the determination of bailability of the offence therein. The Hon ble Apex Court considered the aspects of cognizable, non-cognizable, bailable and non-bailable offence and ultimately arrived at a decision that the section of offence under Customs Act by which the petitioner has been charged should be treated as a bailable offence. Secondly, in terms of the later judgment, learned Counsel submits that Hon ble Apex Court propounded that when arrest is imperative then an opportunity should be given to the Court to examine the grounds as regards the granting or refusal of the bail in the light of the reasons to be recorded by the arresting authority prior to his arrest. Learned Counsel s last but not the least contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill six containers are yet to reach. So, if at all the petitioner is released on bail, there is every possibility that he will spare no pains to cause hindrance to the investigation. His last submission was that the offence has now become non-bailable offence. Learned Counsel for the Customs Authority wanted to mean impliedly that the decision as propounded by the Hob ble Apex Court way back in (2011) 3 C Cr LR (SC) 710 may not be put into application in this case done to change of amendment of Customs Act. Therefore, he submits that the prayer for bail of petitioner should be rejected outright. I have heard the learned Counsel of both sides with rapt attention and tried in my humble capacity to read between the lines of judgments refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee if investigation suffers or not. The maximum punishment of this case is seven years. It is not urged before me that there is any requirement of any custodial trial. Further so far no picture has been projected before the Court that the petitioner has ever attempted to show his manouvre to outfox the prosecution. Of course, the interest of the prosecution has to be looked into. The prosecution should not be made to suffer at the cost of the exchequer of the country. It is an economic offence, no doubt. But the nature of punishment has been ascribed in the Act itself. Considering all these aspects and totality of the circumstances, I dispose of the petition as follows : Accordingly, the petitioner be released on bail to the satisfaction of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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