Court grants bail to accused in cigarette smuggling case due to lack of evidence

The court granted bail to the applicant, accused of smuggling foreign origin cigarettes, under Sections 135 and 135(1)(b) of the Customs Act. Despite prosecution's allegations and evidence from co-accused individuals, the court found insufficient proof linking the applicant to the smuggling activities. The applicant, a peace-loving salesman, denied involvement, attributing the accusations to a misunderstanding. Bail was approved with conditions, including not seeking adjournments during trial, surrendering the passport, and remaining present in court. Non-compliance would lead to bail cancellation.

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Issues: Alleged involvement in smuggling of foreign origin cigarettes; Bail application under Sections 135, 135(1)(b) of Customs Act.

In this case, the applicant was accused of being involved in smuggling foreign origin cigarettes along with other individuals. The prosecution alleged that the applicant, along with his friends, was behind the illegal import and storage of these cigarettes. However, the applicant's counsel argued that there was no evidence linking the applicant to the smuggling activities. The applicant, described as a peace-loving salesman, denied any involvement in the smuggling and claimed to have been falsely implicated due to a misunderstanding with an officer. The prosecution contended that specific intelligence information led to the discovery of the smuggled cigarettes at the premises of certain businesses, implicating the applicant and others. Statements of co-accused individuals were cited as evidence against the applicant. The court, after considering the facts and circumstances, granted bail to the applicant on certain conditions, including filing an undertaking not to seek adjournments during trial, remaining present in court, surrendering his passport, and not leaving the country without court permission. Failure to comply with these conditions would result in the cancellation of the bail order.

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