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TMI Blog1987 (7) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... l pump on Agra Road near Bhiwandi S.T. bus stand and 91 packages of 100% polyester texturised yarn of Korean origin came to be seized. On investigation it was revealed that the Respondent No. 1 is a transport agent engaged in smuggling of the aforesaid polyester texturised yarn from Nepal to Siliguri and thereafter to Bhiwandi via Calcutta. Respondents Nos. 2 and 3 are partners of Archana Transport Company having their office outside the Octoroi Naka of Bhiwandi. They owned two trucks which were engaged in transporting the said smuggled yarn from outside the Octoroi Naka to various destinations in Bhiwandi and other places. They also owned a godown from where more goods of the aforesaid description were seized. Respondents Nos. 4 and 5 are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reasons when given either for granting or refusing bail go a long way in assisting this Court to arrive at a finding as to whether the impugned Orders are justified or otherwise. The reasons given would atleast indicate what were the factors that had weighed while either granting or refusing bail. Furthermore as per Section 437(4) of the Criminal Procedure Code a Court releasing a person on bail under sub-section (1) or sub-section (2) of that Section shall record its reasons in writing. (Emphasis provided). It is, therefore, a statutory obligation cast upon the Court to record reasons in writing. Hence the impugned order granting bail without recording any reasons cannot be sustained. 4. It must be emphasized that once an order of bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the factors which would be germane to an Application for cancellation of bail, this is not a fit case for cancelling bail as none of the said factors can be said to be present in the instant case. They further contended that an order of grant of bail is an interlocutory order and the present Revision Application seeking to challenge the said interlocutory order is not maintainable in view of the provisions of Section 397(2) of the Code of Criminal Procedure. 7. I am afraid I have not been able to persuade myself to accede to the aforesaid contentions raised by Shri Merchant and Shri Kotwal. If an order of bail has been unjustifiably passed, to lay down that the same cannot be challenged in the superior Court would amount to a travesty o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position discussed hereinabove, the order granting bail under Sec. 437(1) Cri.P.C. or under Sec. 439(1) Cri.P.C. is a final order. If such an order is passed by a Magistrate the same can be challenged in the Sessions Court or High Court in their revisional powers and there cannot be any bar in entertaining a revision application under Sec. 397(2) Cri.P.C. 10. If an order for bail is passed by the Sessions Court under Sec.439(1) Cri.P.C. the same can be challenged in revision in the High Court. Even in this case there cannot be any bar under Sec. 397(2) Cri.P.C. 11. In the passing it must be observed that Customs Officers do not have their lock-ups and consequently are in no position to seek the Accused's remand into Customs custody. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 in pursuance of the directions passed by the trial Magistrate has attended the Petitioner between 11 a.m. and 12 noon for a period of seven days and no appreciable progress has been made in the investigation during that period. They submitted that rather than the Respondents Nos. 1 to 6 be remanded to judicial custody, it would be in the interest of justice if they are directed to report to the Petitioner for a considerable period so as to enable the Petitioner to proceed with the investigation. In my judgment, the role attributable to the Respondents Nos. 2 to 6 can be distinguished from the role attributable to the Respondent No. 1. The Respondents Nos. 2 to 6 are alleged to be transporting and dealing with the goods in or near about Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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