Bail under Section 439 CrPC granted in Customs Act prosecution, subject to reporting and jurisdictional conditions.

Custody in a prosecution under the Customs Act did not bar release on bail under Section 439 CrPC, and the Court found the appellant entitled to bail. Release was directed through the Trial Court within three days, subject to conditions securing his presence, restricting travel outside the jurisdiction without permission, requiring regular reporting to the police station, and cooperation with the investigation. The operative effect was grant of bail with supervision-based safeguards rather than continued detention.

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Issues: Whether the appellant, who was in custody in a prosecution under Section 135 of the Customs Act, 1962, was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973.

Analysis: On consideration of the record and the rival submissions, the Court found that the appellant could be enlarged on bail. The Court directed release on bail through the Trial Court within three days, subject to conditions ensuring his presence, restricting movement outside jurisdiction without permission, and requiring regular reporting to the police station and cooperation with investigation.

Conclusion: The appellant was held entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, subject to conditions imposed by the Trial Court.

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