TMI Blog2014 (6) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... the present petitioner that he went to collect the consignment which was imported without the knowledge that the imported boxes contain gold bars. It is the submission that the main accused Nos. 1 and 2 have been already granted with the bail by the Special Economic Court by passing the order dated 15-4-2014. Looking all these aspects of the case, I am of the opinion that it is a fit case to exercise the discretion in favour of the present petitioner. - Bail granted - Decided in favor of appellant. - Criminal Petition No. 2695 of 2014 - - - Dated:- 2-6-2014 - Budihal R.B., J. Shri Harish A. Charvaka, Advocate, for the Petitioner. Shri Nasrulla Khan, HCGP, for the Respondent. ORDER This is the petition filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the Customs Authorities that they were gold bars weighing 7 Kgs and without such knowledge he has received the said consignment. Counsel made submission that since accused Nos. 1 and 2 are already been released on bail and only Investigation Officer has to record the statement of the present petitioner and he is ready to abide any conditions to be imposed by this Court. The offences are triable by the Court of Magistrate and not exclusively punishable with death or imprisonment of life. 4. As against this, learned Government Pleader during the course of his argument submitted that the material collected by the Investigation Officer during the investigation shows the involvement of the present petitioner in the commission of the of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-4-2014. Regarding grant of anticipatory bail for the alleged offence under the Customs Act, the learned counsel for the petitioner relied upon the decision reported in 1982 Crl LJ 559 = 1984 (15) E.L.T. 84 (Mad.), E. Joseph v. The Assistant Collector of Customs, Tuticorin. It is the apprehension of the prosecution that since the gold bars weighing 7 Kgs which were imported worth ₹ 2,14,27,000/- looking to the magnitude of the amount involved and if granted bail he may abscond and tamper with the prosecution witnesses. By imposing stringent conditions this petitioner can be admitted to anticipatory bail. It is no doubt true that the statement of accused No. l has been recorded by the Customs Authorities wherein the name of the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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