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Issues: Whether the applicant was entitled to bail in respect of offences under the Customs Act and the Indian Penal Code.
Analysis: The applicant sought bail in a case involving offences under the Customs Act, 1962 and the Indian Penal Code. The Court noted that the Supreme Court had held offences under Section 135 of the Customs Act, 1962 to be bailable and that an arrested person offering bail is to be released in accordance with Section 104(3) of the Customs Act, 1962 if not wanted in connection with any other offence. The Court also took note that the IPC offences relied upon were bailable and that the applicant had remained in custody since 15-10-2010.
Conclusion: Bail was granted in favour of the applicant.
Ratio Decidendi: Offences under Section 135 of the Customs Act, 1962 are bailable, and where the accused is not wanted in connection with any other offence, bail may be granted in accordance with Section 104(3) of the Customs Act, 1962.