Bail in customs prosecution denied where prima facie material, seizure evidence, and statement record outweighed trial-stage objections.

Bail under Section 439 CrPC in a Customs Act prosecution was assessed by reference to the prima facie material, including the statement recorded under Section 108, the alleged seizure and mobile-phone printouts. The court held that challenges to the statement and other evidentiary objections were matters for trial, while the seriousness of the alleged conduct and the prosecution material remained relevant at the bail stage. It also treated an earlier coordinate bench order as supporting the prosecution case for the limited purpose of bail consideration. Bail was declined and the application was rejected.

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Issues: Whether the petitioner was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in a prosecution under the Customs Act, 1962, and whether the materials relied upon by the department showed a prima facie case sufficient to decline bail.

Analysis: The bail request was examined in the context of the alleged offence under Section 135(1)(a)(b)(c) of the Customs Act, 1962 and the rival submissions on the effect of the statement recorded under Section 108 of the Customs Act, 1962, the alleged seizure, and the printouts said to have been taken from the mobile phone. The Court noted that the challenge to the statement and the evidentiary objections were matters for trial, while the prosecution material and the seriousness of the alleged conduct remained relevant at the stage of bail. The Court also treated the earlier coordinate bench order as supporting the prosecution case for the limited purpose of bail consideration.

Conclusion: Bail was declined and the application under Section 439 of the Code of Criminal Procedure, 1973 was rejected.

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