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TMI Blog2022 (1) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... ail Anand and Tarush Anand in Crl. M.C. 2017/2020 and Ankit Madan and Anil Madan in Crl. M.C. 2019/2020 were granted bail for the offences under sections 132 and 135 of Customs Act, 1962. 2. Brief facts of the case are that on the basis of specific intelligence, the officers of Air Customs had recovered and seized 04 watches valued at Rs. 51,55,887/- from the possession of the respondents, on their arrival at T-3,New Delhi by Flight No. UK 224 dated 23.09.2020 from Dubai to Delhi on 24.09.2020. In their respective voluntary statements tendered under Section 108 of Customs Act, 1962 the persons namely Shail Anand, Tarush Anand, Ankit Madan and Anil Madan inter-alia admitted the recovery, seizure and other incriminating facts. Thereafter, FI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort had already been released vide order dated 16.07.2021 passed by customs authority and the penalty imposed on the respondents have already been paid by them. It is submitted that there are two essential conditions mandatory for the maintenance of bail being granted to accused, first, that he shall be available for the trial proceedings and he shall not flee from the hands of justice and second that accused will not tamper with the evidence. It is further submitted that none of the condition has been violated by the respondents also there are no allegations against the respondents that they ever tried to tamper with the evidence. It is further submitted that there is no likelihood of tampering with the evidence and accordingly the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner... However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted. The High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents in any manner have violated the terms and condition of the order granting them bail. 10. It is pertinent to mention here that watches which were seized at the airport had already been released vide order dated 16.07.2021 passed by customs authority and also the penalty which was being imposed on the respondents have already been paid by them. Petitioner department also failed to answer that what purpose would be served if the bail is cancelled and what further enquiry is to be done after cancellation of bail by taking them into custody. So, I see no reason for cancellation of bail of respondents in the present case. Therefore, relying upon the judgments State (Delhi Administration) vs. Sanjay Gandhi (supra) & Dolat Ram v. State of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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