Anticipatory bail in customs prosecution granted with strict conditions over alleged diversion of imported goods from bonded custody.

Anticipatory bail was granted in a customs prosecution alleging clandestine removal and attempted diversion of imported supari from bonded custody. The dispute arose alongside prior customs adjudication, confiscation of the goods, and the imposition of redemption fine and penalty, while the prosecution alleged diversion without payment of duty. Bail was allowed on strict conditions, including deposit of the fine and penalty amount, execution of bond and sureties, periodic reporting before the respondent, and a direction not to interfere with evidence or witnesses.

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Issues: Whether anticipatory bail should be granted to the petitioner in a customs prosecution concerning alleged clandestine removal and attempted diversion of imported goods.

Analysis: The petitioner faced allegations arising from import of supari and the proposed removal of the goods from bonded custody. The dispute also involved prior customs adjudication, confiscation of the goods, and imposition of redemption fine and penalty, while the prosecution alleged attempted diversion without payment of customs duty. Considering the materials placed before it and the custody position of the co-accused, the Court found it appropriate to grant anticipatory bail, subject to strict conditions including deposit of the fine and penalty amount, execution of bond and sureties, reporting before the respondent, and non-interference with evidence or witnesses.

Conclusion: Anticipatory bail was granted to the petitioner subject to the imposed conditions.

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