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2013 (8) TMI 70 - HC - CustomsConditions for granting bail - Whether the court was right in imposing conditions while granting the bail - athe petitioner was arrested by Customs Officer in purported exercising power conferred under Section 104 of the Customs Act, 1962 in connection with a consignment of export made by the said company - Held that:- The petitioner should be permitted to take back his passport from the concerned authority to go abroad strictly only for a month according to his requirement subject to the conditions - the State is within its domain to put restriction about freedom of movement but a balance has to be struck between ‘liberty’ and ‘justice’ – court heavily relied upon Maneka Gandhi vs. Union of India (1978 (1) TMI 161 - SUPREME COURT). On inquiry the counsel for the respondent could not give any positive and acceptable answer over the question “whether custody trial is needed in such type of case”- even the respondent cannot give any clear-cut probable time during which the trial may be concluded - the respondent sat idle - the rationality and proportionality of the prayer of the petitioner should be considered - deprivation of his personal life and liberty has to be taken care of – petition allowed in the favour of petitioner.
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