Bail denied in red sanders smuggling case where alleged active participation and medical-ground parity arguments failed.

Bail was refused in a Customs Act complaint concerning alleged smuggling and illegal export of red sanders. The material indicated active participation in procurement, storage, concealment and attempted export in a large-scale operation involving substantial recovery of the prohibited forest produce. Parity with a co-accused was rejected because that bail had been granted on medical grounds, and similar objections in other proceedings did not justify release on the present record. On the facts before the Court, the petitioner was not entitled to the concession of bail at that stage.

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Issues: Whether the petitioner was entitled to bail in a complaint alleging smuggling and illegal export of red sanders under the Customs Act.

Analysis: The petitioner was alleged to be an active participant in a large-scale smuggling operation involving substantial recovery of red sanders, a scarce natural resource, and the material on record indicated his involvement in procurement, storage, concealment and attempted export. The plea of parity with a co-accused was rejected because the co-accused had obtained bail on medical grounds, and the existence of similar objections in other proceedings did not justify release in the present case. On the material before it, the Court found that the petitioner was not entitled to the concession of bail at that stage.

Conclusion: Bail was refused.

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