Customs Act bail discretion favoured release despite confessional statement and alleged risk of evidence tampering.

Regular bail was considered in a Customs Act prosecution where the Court weighed the stage of investigation, the nature of the alleged offence, its triability by a Magistrate, and its compoundable character. The fact that other arraigned importers had already been released on bail also supported release. Although the opposing side relied on a confessional statement under Section 108 of the Customs Act and a claimed risk of tampering with evidence, those concerns did not displace the overall discretionary assessment in favour of bail. Regular bail was therefore granted.

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Issues: Whether the applicant was entitled to regular bail in a prosecution under the Customs Act, 1962.

Analysis: The application was considered in the context of the nature of the , the stage of investigation, the fact that the alleged offence was triable by the Magistrate and compoundable, and the circumstance that other arraigned importers had already been released on bail. The opposing case relied on a confessional statement under Section 108 of the Customs Act, 1962 and alleged likelihood of tampering with evidence if bail were granted, but the Court found the overall facts sufficient to exercise discretion in favour of release on bail.

Conclusion: The applicant was entitled to regular bail.

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