TMI Blog1987 (8) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... , leading to the filing of the present application, may be stated :- The respondent No. 1 is employed as loading supervisor, respondent No. 2 as casual loader and respondent No. 3 as operator in Air India, at Bombay. On 22-7-1987, two suitcases came to be seized while they were surreptitiously removed by the respondent Nos. 1 to 3. The said bags had arrived by Sabena Airways flight No. SN-273. They had stickers attached, but the same were not manifested. On examination, they were found to contain 115 gold bars often tolas each, 1000 Omex Quartz gents wrist watches, 500 Citizen Quartz gents wrist wathces and 3,000 watch movements, totally valued at Rs. 50 lacs. The respondents in their statements under Section 108 of the Customs Act admitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the respondents Nos. 1 to 3 was over Rs. 50 lacs. The statements recorded under Section 108 of the Customs Act reveal that the respondents Nos. 1 to 3 have been indulging in similar activity in the past. The respondents Nos. 1 to 3, were engaged to facilitate the smuggling of the said contraband, but real king-pin is yet to be traced and unless the respondents Nos. 1 to 3, are taken in custody, a proper investigation into the crime would not be possible. He also submitted that since the investigating officer had been kept busy in the Court proceedings in regard to the application of the respondent Nos. 1 to 3 for discharge on the ground that their arrest was illegal, sufficient time and opportunity had not been available to the invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the crime and it would be unjust to detain the respondents Nos. 1 to 3 merely on the ground that the main culprits have remained to be arrested. He pointed out that the respondents Nos. 1 to 3 were in custody for almost a fortnight and even after they were released on bail, they have continued to report to the petitioner daily between 11 a.m. and 1 p.m. as directed by the impugned order granting bail. He further submitted that rather than cancel their bail, the respondents Nos. 1 to 3 be directed to report even during longer hours every day until further orders. In my view, there is no merit in this contention, as casual reporting during specified hours of the day cannot take the place of custody remand in order to facilitate a thorough i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eneral, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things of the same general nature or class as those specifically enumerated, unless of course there is a clear manifestation of a contrary purpose. Or to put it in a slightly different language, where general and special words which are capable of analogous meaning are associated together, they take colour from each other and the general words are restrained and limited to a sense alongous to the less general. The ejusdem generis doctrine has been described in the words of Lopes, L.J. in Smelting Co. of Australia v. Commissioner of Inland Revenue (1897) 1 QB 275, as meaning, that where general words immediately fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... releasing the accused on his own bond or bail and the only proper order would be an order of discharge, i.e., the order of his release by passing of the special order, as contemplated in the latter part of Section 59.I find no ambiguity in construing the phrase "under the special order of a Megistrate" so as to take resort to the principle of "ejusdem generis", as submitted by Shri Merchant. In this view of the matter, I find this case to be one which requires interference in the impugned order granting bail. Consequently, the order of bail is cancelled and the respondent Nos. 1 to 3 are directed to be taken in custody for a period of seven days. At the expiry of the said period of seven days, the respondent Nos. 1 to 3 will be produced bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
