Bail in customs prosecution granted after weighing custody period, ongoing investigation, and limited quantity attributed to accused.

Bail was granted in a customs prosecution where the court weighed the nature of the allegation, the comparatively smaller quantity of gold attributed to the petitioner, the period already spent in custody, and the fact that investigation was still continuing. Applying Section 439 CrPC in a case under the Customs Act, the court treated these factors as sufficient to justify release on conditions, including reporting requirements and sureties.

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Issues: Whether bail should be granted to the petitioner in a customs prosecution having regard to the nature of the allegation, the quantity of gold alleged to have been transported, the period of custody, and the stage of investigation.

Analysis: The petitioner sought bail under Section 439 of the Code of Criminal Procedure, 1973 in a case registered under Sections 135 and 104 of the Customs Act, 1962. The materials indicated that gold was recovered from four accused persons jointly, while the quantity attributed to the petitioner was comparatively smaller. The Court took into account the nature of the allegation, the gravity of the offence, the period already spent in custody, and the fact that investigation was still continuing. On that assessment, the Court found it appropriate to release the petitioner on bail subject to reporting conditions and sureties.

Conclusion: Bail was granted to the petitioner on conditions.

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