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2013 (9) TMI 831 - HC - CustomsApplication for Bail - Charge of Offence u/s 135 r.w. section 104 of the Customs Act – Held that:- The ultimate object of the Customs Act is to recover revenue which the State was being wrongly deprived of - This was an application for bail - merit was not required to be gone into very deeply but yet some touch of merit requires for the purpose of consideration of bail - It was correct that new amendment had already set in and the offence had been made non-bailable - It was equally correct that whether an offence was bailable or non-bailable, the main object of criminology was to see smooth flow of justice to arrive at a correct decision. So far no picture had been projected before the Court that the petitioner had ever attempted to show his manouvre to outfox the prosecution - the interest of the prosecution had to be looked into - The prosecution should not be made to suffer at the cost of the exchequer of the country - It was an economic offence, no doubt - But the nature of punishment had been ascribed in the Act itself - the petitioner be released on bail to the satisfaction of the learned Chief Metropolitan Magistrate, Kolkata, to the extent of Rs. 1 lakh with two sureties of Rs. 50,000/- each, one of whom must be local.
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