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2022 (12) TMI 1114 - HC - CustomsSeeking grant of Bail - Smuggling of iPhones - allegation is that the syndicate in which the Applicant has played a major role, imported several consignments of iPhones giving misdeclaration and thereby leading to evasion of customs duty - HELD THAT:- Upon perusal of the Arrest Memo, it appears that the same does not contain any particulars of the case in which the Applicant was arrested. It does not contain any file number. No particulars of the offence, save and except stating the penal sections, are forthcoming from the Arrest Memo. The Arrest Memo should contain the gist of the offence alleged to have been committed. The Arrest Memo prima facie appears to be bereft of necessary particulars. The contention of the learned Counsel for the first respondent that in the past, the Applicant has suffered penalty under Customs Act, he was absconding for quite some time, he has been non-cooperative in the investigation, bail had been rejected by the Courts below, cannot justify non-compliance with the Constitutional imperatives and statutory obligations. It is a settled principle of law that the remand order does not cure the violation of Constitutional safeguards even to deny bail. This Court is inclined to grant bail to the applicant. Accordingly, the application is allowed.
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