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2022 (1) TMI 577 - HC - CustomsCancellation of bail granted - Smuggling of Wrist Watches - burden to prove under Section 123 of the Customs Act, 1962 - offences under sections 132 and 135 of Customs Act, 1962 - HELD THAT:- It is settled that once bail granted should not be cancelled in a mechanical manner without there being any supervening circumstances which are not conducive to fair trial. It cannot be cancelled on a request from the side of the complainant/investigating agency unless and until it is established that the same is being misused and it is no longer conducive in the interest of justice to allow the accused any further to remain on bail. No doubt, the bail can be cancelled only in those discerning few cases where it is established that a person to whom the concession of bail has been granted is misusing the same. In the instant case, there are no allegations of any tampering with the evidences. There are also no allegations that the respondents are at flight risk or there is any likelihood of absconding. The petitioner department has not been able to make out a case of supervening circumstances on the basis of which the bail granted to the respondents should be cancelled and nothing has been brought on record to show that the respondents have towering personalities that their mere presence out on bail would in any manner thwart the further investigation (if any) of the case or that they are in any manner threat to the fair trial of this case. Nothing has been brought on record that the respondents in any manner have violated the terms and condition of the order granting them bail. Petitioner department also failed to answer that what purpose would be served if the bail is cancelled and what further enquiry is to be done after cancellation of bail by taking them into custody - there are no reason for cancellation of Bail - petition dismissed - decided against Revenue.
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