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TMI Blog2017 (12) TMI 1814X X X X Extracts X X X X X X X X Extracts X X X X ..... not - offence under Section 135(1)(a,b,c) of Customs Act, 1962 - HELD THAT:- Having considered the submissions made by rival sides and the material made available for my perusal by way of case diary as well as the documents relied upon by the accused-petitioner but without expressing any final opinion on the merit and de-merit of the case, this is not found to be a fit case, wherein, indulgence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1962 as also the fact that the currency seized from possession of the accused is not exceeding ₹ 1 crore the offence is bailable one. He further submits that the statement under Section 108 of the said Act was recorded under coercion and undue influence which is apparent on perusal of the performa for health screening of the accused while admitting him to jail, wherein, mention of the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Criminal) 633. His further contention is that statement recorded under Section 108 of the Customs Act cannot be the sole basis to implicate him in the alleged offence. He therefore, further submits that accused-petitioner may be granted indulgence of the Court by enlarging him on bail. Per contra Mr. R.D. Rastogi Spl. P.P.-cum-ASG has contended that statements recorded under Section 108 of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gard he has made reference to the order dated 26.03.2015 passed by Co-ordinate Bench of this Court in "S.B. Criminal Misc. Bail Application No. 1870/2015" (Smt. Amal Mubarak Salim Al Reiyami Vs. Union of India). His further contention is that the investigation is still going on and all these issues may be relevant during trial but need not to be considered at the stage of consideration of the bail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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