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2018 (2) TMI 90

Head Note:
Bail application - Offence punishable u/s 135 of the Customs Act, 1962 - in the instant case the muddamal allegedly belonging to the petitioner was seized on 01.08.2017 when the petitioner was already in custody in respect of other offence - Section 108 of the Customs Act - Held that: - True it is that, Sanjay has retracted the said statements; but at this stage of the proceedings, this Court would not discount the statements made by the said accused on the mere ground of retraction; inasmuch as, retraction of a statement can be no impediment for investigation of a case on such statement. It cannot be disputed that statements under Section 108 of the Customs Act are admissible in evidence and under what circumstances the said statements were made and retracted can only be appreciated during the trial, if at all, the case goes to trial. For the present, the revealations under Section 108 of the Customs Act are relevant for the respondent to carry on the investigation.

It is within the domain of the investigator to seek remand of a person. The requirement of the remand would depend upon the facts and circumstances concerning the individual / accused. The investigator may decide not to obtain remand if he is satisfied with the information he required for prosecuting a person has formed the record. Therefore, petitioner has no right to contend that in absence of remand of co-accused, the respondent has no case to plead against the petitioner.

Bail application fails.


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