9911796707
TMI Blog2024 (8) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... under Sections 132 and 135 of the Customs Act, 1962. The petitioners were arrested and remanded to judicial custody on 04.06.2024. B.A No.6399 of 2024 is filed by the 1st accused and B.A No.6396 of 2024 is filed by the 2nd accused. As the applications arise out of the same crime, they were consolidated, jointly heard and are being disposed off by this common order. 2. The gist of the prosecution case is that; on 04.06.2024, the accused 1 and 2, who are Malaysian citizens, arrived at Cochin International Airport. They were intercepted and questioned by the customs officials. In the search conducted on them, five capsules each, containing gold paste were seized from their conscious possession having a total weight of 1875.91 grams. Thus, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod of below ten years, the investigation in the case is not complete and the complaint has not been laid. 7. Sub-sections (1) and (2) of Section 167 of the Code of Criminal Procedure, 1973 reads as follows:- 167. Procedure when investigation cannot be completed in twenty-four hours.-(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] 8. A three-Judge Bench of the Honourable Supreme Court in Uday Mohanlal Acharya v. State of Maharashtra [(2001) 5 SCC 453], reiterated the legal proposition in Sanjay Dutt v. State through C.B.I., Bombay (supra). In paragraph 13 (3) it was opined thus: "13. x x x x x x (3) On the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passport, he shall file affidavits to the effect before the court below on the date of execution of the bond; (v) The petitioners shall not leave the territorial jurisdiction of the Court of Sessions, Ernakulam without the previous permission of the jurisdictional court. (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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