TMI Blog2014 (3) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... disclosed in which cases they are involved and also one of the main accused is seriously handicapped with 61% of disability. Whether retracted confessions are true or not, is an aspect which is required to be considered at trial and is not to be looked into at this stage to cancel bail granted to respondent-accused persons. Custody of accused persons in a case like the instant one is not to be me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has granted bail to respondent-accused persons in a case under Section 135 of the Customs Act, 1962 wherein 18 kgs of gold bars were recovered from the vehicle in which respondent-accused persons were found to be travelling and the total market value of the recovered gold bars is said to be more than five crores and the total evaded custom duty payable is said to be `1.63 crores. 2. Learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g and the retracted confession of respondent-accused persons is true and can be made the basis to convict respondent-accused persons for the offence in question, which entails punishment upto seven years. 4. Upon hearing and on perusal of the impugned order and the decisions cited, I find that trial court has relied upon a decision of this Court in Anil Mahajan v. Commissioner of Customs and An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers and one of the main accused is seriously handicapped with 61% of disability and that bail is not to be denied as a measure of punishment. Though, it was faintly submitted by learned counsel for petitioner that respondent-accused have previous involvements, but it was not disclosed in which cases they are involved and the factum of main accused suffering with 61% disability was also not dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of investigation is deprecated in the facts and circumstances of this case. 7. A query was put to learned counsel for petitioner as to whether respondent-accused persons were called for investigation after the passing of the impugned order and within how much time the investigation is likely to conclude and it was disclosed by learned counsel for petitioner that respondent-accused persons have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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