TaxTMI 
TaxTMI 
2019 (5) TMI 1368
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....nces, they have approached this Court seeking intervention. 2. Essential facts for disposal of these petitions are stated below:- The petitioners herein were apprehended at the Cochin International Airport, Cochin, on various dates, for either smuggling Gold or foreign currency by concealing it in their checked in baggage with a view to evade payment of customs duty legally leviable on it. Admittedly, the market value of the currency/gold was much below Rs. 50 lakhs. Their voluntary statement was recorded by the Superintendent of Customs, Air Intelligence Unit, Cochin and they were paced under arrest. The offences alleged against the petitioners are, inter alia, under Sections 132, 135 (a), (b), (c) of the Customs Act, 1962. The offence....
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....g for the respondents. 5. Provisions as regards bail can be broadly classed into 2 categories: (1) bailable cases and (2) non-bailable cases. In the former class, grant of bail is a matter of course. It may be given either by the Police officer in charge of a Police station having the accused in his custody or by the Court. The customs officer in exercise of powers under Section 104 is exercising the very same powers of an officer in charge of a Police station as provided under Section 436 of the Code of Criminal Procedure. 6. Section 436 of the Code reads as follows:- 436-In what cases Bail may be taken 1) When any person other than a person accused of a nonbailable offence is arrested or detained without warrant by an officer in....
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.... to release the accused on bail when produced before them. Even the Court has no discretion while granting bail under Section 436 of the Cr.P.C to impose any condition except the demand for security with sureties. In appropriate cases, the Court has discretion to release the accused by taking only a personal bond without insisting for surety for his appearance. In no event, can onerous conditions be imposed by either the officer or by the Court while releasing the accused in a bailable offence. 8. In Talab Haji Hussain V Madhukar Purushottam Mandkar (AIR 1958 SC 376), a similar question concerning Section 496 of the old Code which is similar to Section 436 of the new Code came up for consideration before the Hon'ble Supreme Court. It was ....