2006 (5) TMI 103 - HC - Customs

Summary

Issues involved:
Bail application under Section 439 of the Criminal Procedure Code, 1973 regarding alleged offences under Sections 132/135 of the Customs Act, 1962. Imposition of an onerous condition for bail by the sessions court. Prima facie entitlement to bail based on facts and circumstances.

Analysis:

1. The petitioner filed a bail application under Section 439 of the Criminal Procedure Code, 1973, due to being in custody since 5th May, 2006, for alleged offences under Sections 132/135 of the Customs Act, 1962. The petitioner had previously obtained bail from the sessions court, but an onerous condition of depositing Rs. 1 crore was imposed, leading to the present bail application. The petitioner's counsel argued that such a condition was impermissible, citing relevant legal precedents to support the contention.

2. The counsel for the petitioner highlighted that the imposition of the Rs. 1 crore condition effectively amounted to a denial of bail, as the petitioner was unable to fulfill it. To demonstrate good faith, the petitioner expressed willingness to deposit Rs. 25 lacs with the customs authorities without prejudice to their rights and contentions. The Assistant Solicitor General opposed bail, citing the petitioner's alleged involvement in evasion of duties amounting to Rs. 3.5 crores.

3. After considering the arguments and circumstances, the judge found that the petitioner was prima facie entitled to bail. Acknowledging the onerous nature of the condition imposed by the sessions court, the judge directed the petitioner's release on bail upon furnishing a personal bond of Rs. 1 lakh with one surety of the same amount to the satisfaction of the ACMM/Duty Magistrate. The petitioner was also instructed to deposit Rs. 25 lacs in two installments with the Commissioner of Customs (Import), Nhava Sheva, Mumbai, within specified timelines.

4. Additionally, the judge imposed conditions that the petitioner must not leave India without court permission and must fully cooperate with the investigating agency when directed. The order was to be provided dasti under the signatures of the Court Master, ensuring compliance with the specified terms for the bail release.