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2012 (12) TMI 231 - SC - CustomsOffence u/s 135 of Customs Act,1962 - bailability of offences - held that:- we had, by our Order of 11th March, 2011, stayed the arrest of the petitioner in connection with the subject-matter of the said file, presuming that the same would be relating to the offences under the Customs Act, 1962. However, in the petition for vacating the said interim order, it has now been brought to our notice that the subject-matter of the said file has nothing to do with the offences under the Customs Act but under the provisions of the Foreign Exchange Management Act, 1999, and Prevention of Money Laundering Act, 2002, referred to hereinabove, in respect of which we have not expressed any opinion regarding the bailability of offences thereunder. The subject-matter of the writ petition, as has also been submitted today, being confined to the question of bailability in respect of offences under the Customs Act, we allow the petition for vacating the interim order and dispose of Writ Petition ( Crl .) No.57 of 2011 by indicating that, as far as the petitioner's submission with regard to the provisions of the Customs Act is concerned, the same stands covered by the decision of this Court in Om Prakash & Anr . [2011 (9) TMI 65 - SUPREME COURT]. We also indicate that the interim order regarding stay of arrest in connection with the file, referred to hereinabove, is vacated and the respondents would be permitted to proceed in accordance with law as far as the offences under the said file are concerned.
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