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TMI Blog2013 (9) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... call of the Customs Authority, he attended and participated in a conducive manner to give answer as far as practicable. But, on the eighth occasion he was called but rather he was arrested straightway; 2) Before arrest, it is mandatory according to the Act itself that clear explanation of the ground in details are to be furnished to the person to be arrested as to his arrest; 3) Before arrest, the Customs Authority did not put forward the grounds as are required in terms of the provision; 4) So saying, learned Counsel for the petitioner drew my attention to the Arrest Memo appearing at page 17 and two decisions as reported in (2011) 3 C Cr LR (SC) 710 of the Hon'ble Apex Court and another decision as reported in (2011) 1 SCC (Cri) 514. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive of that final calculation which is to be adjudicated at the proper stage of time and the petitioner is ready to meet the I/O, as and when required, if directed. Therefore, learned Counsel submits that the petitioner should be favoured with an order of bail. Learned Counsel for the Customs Authority/Union of India strongly resisted the prayer for bail and drew my attention to Sections 46, 135 and 120 of the Customs Act, 1964. He challenged his argument of the learned Counsel of the petitioner by first throwing the fact that the Customs Act has been amended with effect from May, 2013. So, the offence is not at all a bailable one although the previously the case was a non-cognizable one. The second submission was that it is absolutely at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penology in case of economic offence has been propounded therein by the Hon'ble Apex Court. "The ultimate object of the Customs Act is to recover revenue which the State was being wrongly deprived of". This is an application for bail. So, merit is not required to be gone into very deeply but yet some touch of merit requires for the purpose of consideration of bail. It is correct that new amendment has already set in and the offence has been made non-bailable. It is equally correct that whether an offence is bailable or non-bailable, the main object of criminology is to see smooth flow of justice to arrive at a correct decision. Nowhere it is propounded that in case of release of the petitioner, the result of the case will inevitably go aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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