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2016 (8) TMI 833 - HC - CustomsModification of bail conditions - offence under section 135 of the Customs Act, 1962 – requirement of marking presence in the court every month twice – travel abroad without permission – Held that: - the offence is compoundable. Other requirements like deposit of amount required by court duly fulfilled. The matter is now pending before the Settlement Commission, Customs and Central Excise at Mumbai. Communication dated 20.07.2016 of the said Commission, inter alia records that, “...In other words, customs officers will have no jurisdiction over the subject case until an order is passed under sub-section 5 of Section 127 C of the Customs Act, 1962 by the Settlement Commission. The applicant has, after his release, traveled abroad more than once, with the permission of the Court below and each time he has returned in time and has surrendered back his passport. Thus, now no purpose would be served by still continuing the conditions that the applicant shall leave the country only with the permission of the Court, and further that he needs to attend the customs office every month, for the purpose of marking his presence – bail conditions modified – application allowed – decided in favor of appellant.
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