TMI Blog1985 (7) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... he Customs Authorities had suspicions regarding the nature of smuggling activities carried on by Sankarlal Saraf only recently for which litigations before various forums are continuing. However, to come to grips with the relevant facts we may say that the Assistant Collector, Customs, Calcutta produced him in custody for offences alleged under the Customs Act before the learned C.M.M., Calcutta on 24-4-1985 and the learned Advocate for Customs Authorities prayed for rejection of the prayer for bail and remand of Sankarlal to jail custody and also made further prayer for permission to interrogate Sankarlal in jail. The learned C.M.M., Calcutta by his order of the same date directed the accused to be remanded to fail custody till 2-5-1985 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... garding the gravity and magnitude of the offences and its ramifications adverse to the economy of the country and various other things. We need not discuss of those features. Coming to the points of law Mr. Jatin Ghosh contends that the Delhi High Court Division Bench case on which Mr. Sen relied on was not under the Customs Act of 1962 and the said decision was on the Foreign Exchange Regulations Act, 1973. Mr. Jatin Ghosh concedes that provisions of Section 35 of the last-mentioned Act are almost similar to provisions of Section 104 of the Customs Act. After making above concession Mr. Ghosh argues that the Delhi High Court decision cannot apparently be an authority on a case under the Customs Act. Further, he points out that in the Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 is silent as to how the Magistrate should deal with when the arrested person is brought before him, it cannot be said that he cannot pass any order in regard to the custody of arrested person because in such a situation, Section 104 would be meaningless and purposeless when arrest of a person who was guilty of an offence under the Customs Act cannot be affected. 3. Considering the various decisions cited above and the provisions of Section 104 of the Customs Act, we are convinced that whenever a Magistrate is expressly authorised to grant bail to an accused he has by necessary implications the right to refuse bail and to order him to be taken into custody. The facts and circumstances of the case will determine which kind of custody it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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