Home Case Index All Cases Customs Customs + HC Customs - 2019 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 26 - HC - CustomsArrest of person after cancellation of Application for anticipatory bail by the sessions court - Compoundable Offences - section 137(3) of the Customs Act, 1962 - prohibited goods - smuggling of exotic animals - HELD THAT:- Admittedly clauses (a), (c) and (d) of section 104(6) of the Customs Act, 1962 are not applicable. We are unable to accept the contention of learned counsel for the Respondent-DRI that even if prohibited goods are not those which are notified under sub-clause (c) of clause (i) of section 135(1) and are only notified under section 11, that would be sufficient to invoke sub-section (6) of Section 104. Such an interpretation would render the words “which are also notified under sub-clause (C) of clause (i) of section 135(1)”, in sub-section (6) as redundant and nugatory. Such an interpretation is contrary to all cannons of law. The provisions which relate to personal and liberty and fundamental rights guaranteed under Article 21 of the Constitution of India cannot be interpreted in such a manner as is being suggested by the Respondents. We are, therefore, clear that section 104(6)(b) is not attracted in the case of exotic animals - the offence alleged against the Petitioner would fall under section 104(7) of the Customs Act and thus shall be bailable. It is trite that in a bailable offence, the arresting officer is obliged to inform the arrestee that the offence is bailable and would be further obliged to release the arrestee on bail by virtue of provisions of section 104(3) of the Customs Act, 1962 - there is no hesitation in holding that not only the petition is maintainable but also the Petitioner is entitled to be released on bail. In the light of the express statutory provision permitting the compounding of offence and rule which prescribe the procedure for dealing with the application for compounding, the authorities cannot show disinclination to entertain and determine the application for compounding the offence alleged. It is directed that the Petitioner to attend the DRI office, Mumbai Zonal Unit on every Monday between 11.00 a.m. to 2.00 p.m. till issuance of the SCN - we are not inclined to grant the same since the Petitioner was arrested in a bailable offence in violation of the fundamental rights under Article 21 of the Constitution of India.
|