2006 (7) TMI 212 - HC - Customs

Summary

Issues: Bail application in a complaint case under Customs Act, 1962 and related regulations

Analysis:
The petitioner sought regular bail in a complaint case under Sections 11, 77, and 135 of the Customs Act, 1962, along with other relevant regulations. The petitioner was arrested while entering India from Pakistan with Rs. 5.00 lacs Indian currency in possession, without proper justification. The respondent assured to conclude their evidence within three months from the next hearing date.

The petitioner claimed to have gone to Pakistan to arrange funds for his ailing child. Despite this, the court found transporting Indian currency from Pakistan as a significant factor in denying bail to the petitioner. The court opined that no grounds were established to release the petitioner on bail due to the nature of the offense.

However, considering the assurance given by the Assistant Solicitor General of India, the court directed the trial court to make efforts to conclude the trial within three months from the next hearing date. If the trial extends beyond this period, the trial court was instructed to release the petitioner on bail with stringent conditions, provided the delay is not attributable to the petitioner. The court emphasized that bail would not be granted if the petitioner causes delays in the trial proceedings.

In conclusion, the petition for bail was disposed of with the direction to expedite the trial and release the petitioner on bail with appropriate conditions if the trial is not concluded within the specified period, subject to the condition that any delay caused by the petitioner would disqualify him from bail.