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of <h1>Supreme Court affirms custody ruling, limits State's remand power. Appeal dismissed with modifications.</h1> <h3>STATE OF MAHARASHTRA Versus NAINMAL PUNJABI SHAH</h3> The Supreme Court upheld the High Court's judgment with modifications, ruling that the respondents should remain in custody for six months from the High ... - Issues Involved1. Legality of the bail granted to the respondents.2. Allegations of bribery and tampering with evidence.3. Risk of absconding by the respondents.4. Necessity of detention for the smooth and efficient investigation.Detailed Analysis1. Legality of the Bail Granted to the RespondentsThe Chief Presidency Magistrate initially granted bail to the respondents, which was contested by the State of Maharashtra. The High Court modified the bail order but upheld the grant of bail. The Supreme Court examined whether the High Court's order should be maintained or modified. The Court noted that the investigation might take two to three years and it was impractical to keep the respondents in custody indefinitely. The High Court had imposed stringent conditions on the bail, including restrictions on leaving Bombay, surrendering passports, and daily attendance at the Custom House.2. Allegations of Bribery and Tampering with EvidenceThe prosecution alleged that Nainmal Punjaji Shah offered a bribe to a Customs Officer, Somers, and attempted to fabricate evidence by inducing the landlord to pre-date a notice. The Chief Presidency Magistrate and the High Court both found these allegations insufficient to deny bail. The High Court noted that the respondents had not tampered with evidence in other pending cases where they were released on bail. The Supreme Court did not find any new material to differ from the High Court's findings.3. Risk of Absconding by the RespondentsThe prosecution argued that the respondents, particularly Nainmal, had significant financial resources and could abscond to avoid liabilities. The Chief Presidency Magistrate and the High Court found no substantial evidence to support this claim. The High Court emphasized that the respondents had family and property in India and had not attempted to abscond in other cases. The Supreme Court agreed with this assessment, noting that there must be 'absolute certainty' of the likelihood of absconding to justify indefinite detention.4. Necessity of Detention for Smooth and Efficient InvestigationThe High Court acknowledged the complexity and wide ramifications of the case, involving smuggling and illegal transactions worth crores. It was argued that the respondents' detention was necessary for a smooth and efficient investigation. The High Court directed that the bail order would take effect after two months, allowing the prosecution time to complete crucial investigations. The Supreme Court agreed that the respondents could not be detained for the entire investigation period but upheld the High Court's decision to keep them in custody for six months from the date of the High Court's order.ConclusionThe Supreme Court upheld the High Court's judgment, subject to modifications. The respondents were to remain in custody for six months from the High Court's order date, with the State undertaking not to seek further remand unless absolutely essential. The appeal was dismissed, and the High Court's order was confirmed with the stipulated modifications.
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