Court Modifies Bail Conditions in Customs Act Case, Allows International Travel

The court allowed the application for modification of bail conditions in a case related to an alleged offence under Section 135 of the Customs Act, 1962. The court found the alleged offence compoundable, with the applicant complying with court-set conditions and having a history of adherence. As the matter was pending before the Settlement Commission in Mumbai, the court lifted restrictions on the applicant's travel and customs office attendance. The previous conditions were quashed, allowing the applicant to travel internationally without court permission and eliminating the requirement for monthly customs office visits.

---

---

Issues:
Application for modification of conditions of bail in a case related to alleged offence under Section 135 of the Customs Act, 1962.

Analysis:
The applicant sought modification of bail conditions due to being a senior functionary needing to travel abroad for business purposes frequently. The alleged offence was compoundable, and the matter was pending before the Settlement Commission at Mumbai. The applicant had complied with the conditions set by the court, including surrendering his passport after each trip abroad. The tax liability and penalty amount were secured as per the department's requirements. The applicant requested the return of his passport and deletion of the condition requiring monthly presence at the customs office.

The court acknowledged that the alleged offence was compoundable, the department's requested amount was paid with interest, and additional directed funds were with the department. The matter was pending before the Settlement Commission in Mumbai, limiting the jurisdiction of customs officers. The applicant had a history of complying with bail conditions, traveling abroad with court permission, and returning as required. Considering these factors, the court found no need to continue the conditions restricting the applicant's travel and monthly customs office attendance.

Consequently, the court allowed the application for modification of bail conditions. The previous order requiring monthly customs office attendance and permission to travel abroad was quashed and set aside. The applicant was no longer obligated to seek court permission for international travel or attend the customs office monthly. The court made the rule absolute and permitted direct service of the order.

---