Bail cancellation in serious economic offences justified where prior conduct shows risk of reoffending, absconding, and interference with justice

Bail cancellation was found justified where the alleged customs offences involved organised illegal export of prohibited red sanders and the surrounding material showed a real risk of repetition, absconding, and interference with the investigation and trial. The Court treated prior involvement, concealment of prohibited goods, apprehension of non-appearance, and possible witness intimidation as material factors that the earlier bail grant had not adequately considered. On that basis, the bail orders were set aside and the bail granted to the accused was cancelled.

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Issues: Whether the earlier bail orders deserved cancellation on the ground that the grant of bail ignored the seriousness of the alleged customs offences, the accuseds' antecedents, and the risk of repetition of similar unlawful activity, absconding, or interference with the investigation and trial.

Analysis: Bail cancellation was considered appropriate because the allegations concerned organised illegal export of prohibited red sanders, a serious economic offence with international ramifications. The material before the Court indicated prior involvement, concealment of prohibited goods, and circumstances suggesting a real possibility of repetition of similar offences if bail continued. The earlier refusal of bail by the High Court, the nature of the evidence, and the apprehension of non-appearance and witness intimidation were treated as weighty factors. The Court also found that the grant of bail by the court below had not adequately accounted for these considerations.

Conclusion: The bail orders were liable to be set aside and the bail granted to the accused respondents was cancelled.

Ratio Decidendi: In cases involving serious economic offences, bail already granted may be cancelled where the surrounding circumstances show a real risk of reoffending, absconding, or interference with the administration of justice, and the grant of bail has overlooked material factors bearing on those risks.

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