Bail conditions cannot require deposit of alleged customs duty; such an onerous term was struck down as illegal.

A bail condition requiring deposit of the alleged customs duty as a precondition for release was held impermissible because bail conditions must remain within the limits of the Code, such as securing attendance, preventing misuse of liberty, and protecting the administration of justice. An onerous condition that effectively defeats bail cannot be sustained. The direction to deposit the alleged duty on seized goods was therefore illegal and liable to be deleted, while any customs liability could still be pursued separately under the Customs Act.

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Issues: Whether a bail condition requiring deposit of the alleged customs duty of Rs. 4 crore could validly be imposed while enlarging the accused on bail.

Analysis: The permissible conditions on release on bail are confined to those contemplated by the Code, including conditions securing appearance, preventing misuse of liberty, and safeguarding the administration of justice. A condition that is harsh, onerous, or beyond those statutory limits cannot be sustained if it effectively defeats the grant of bail. Since the amount directed to be deposited represented the alleged customs duty on seized goods, it was not a condition legitimately attached to bail, and such liability could be pursued in independent proceedings under the Customs Act.

Conclusion: The impugned condition requiring deposit of Rs. 4 crore was illegal and was liable to be deleted; the revision was allowed.

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