Individual valuation of seized goods under Customs law supported bail where attributable value fell below the threshold.

Under Section 439 CrPC in proceedings for offences under Section 135 of the Customs Act, the Court assessed the value of seized gold bars separately for each accused and found the attributable value below the statutory threshold. Taking account of the custody already undergone, it held that continued detention was not justified in the facts of the case. Bail was therefore granted to both petitioners, subject to bail bonds, sureties and other specified conditions.

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Issues: Whether the petitioners were entitled to bail where the seized gold bars attributed to each petitioner were valued below the statutory threshold under the Customs Act, and whether the period of custody warranted release on bail.

Analysis: The applications were considered under Section 439 of the Code of Criminal Procedure, 1973 in the context of offences under Section 135 of the Customs Act, 1962. The seized gold bars were recovered from two different petitioners, with six bars recovered from each, and the value attributable to each petitioner was found to be below Rs. 1 crore. The Court also took into account the period of detention already undergone in custody. On that basis, the offences were treated as bailable in the facts of the case and the continued custody was not justified.

Conclusion: The petitioners were held entitled to bail and directed to be released on furnishing bail bonds and sureties, subject to the specified conditions.

Final Conclusion: Bail was granted to both petitioners in the connected cases, and the proceedings were disposed of accordingly.

Ratio Decidendi: For bail under Section 135 of the Customs Act, 1962, the value of seized goods attributable to each accused may be assessed individually, and where that value falls below the statutory threshold, bail may be granted having regard to custody already suffered.

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