Writ petition granted for bailable offense under Customs Act 1962, petitioner granted bail with conditions.

The court allowed the writ petition, determining the alleged offense as bailable under the Customs Act, 1962. The petitioner was granted bail with specified conditions, including a cash bail amount and cooperation with the investigation. The court emphasized the enforcement of fundamental rights under Article 21 of the Constitution of India and directed the adjudicating and compounding authorities to proceed promptly with the case.

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Issues Involved:
1. Classification of the alleged offense as bailable or non-bailable under the Customs Act, 1962.
2. The petitioner's application for compounding the offense.
3. The petitioner's right to bail and the conditions attached to it.
4. The maintainability of the writ petition and the enforcement of fundamental rights under Article 21 of the Constitution of India.

Issue-wise Detailed Analysis:

1. Classification of the Alleged Offense as Bailable or Non-Bailable:
The petitioner was arrested under Section 104 of the Customs Act, 1962, for an offense punishable under Section 135(1)(i) of the Act. The primary contention was whether the alleged offense was bailable or non-bailable. The court examined Sections 104(6) and 104(7) of the Customs Act, which classify offenses into bailable and non-bailable categories. The court noted that the alleged offense involved smuggling exotic animals, which are not native to India. However, the court found that there was no notification under Section 135(1)(i)(c) specifying exotic animals as "prohibited goods," thus making the offense bailable under Section 104(7).

2. The Petitioner's Application for Compounding the Offense:
The petitioner had filed an application for compounding the offense under Section 137(3) of the Customs Act, 1962, before the filing of any criminal prosecution. The court noted that Section 137(3) permits the filing of a compounding application at any stage, either before or after the institution of prosecution. The court found no statutory bar in filing or entertaining an application for compounding in respect of exotic animals. The court directed the adjudicating authority to issue a show cause notice and quantify the amount payable, followed by a decision on the compounding application by the Chief Commissioner of Customs.

3. The Petitioner's Right to Bail and Conditions Attached:
The court held that the alleged offense was bailable under Section 104(7) of the Customs Act, 1962. The petitioner was entitled to be released on bail, having been in custody since 13th September 2019. The court ordered the petitioner to be released on cash bail of Rs. 50,000, to cooperate with the investigation, and to attend the DRI office every Monday between 11:00 a.m. to 2:00 p.m. until the issuance of the show cause notice. The court did not impose the condition that the petitioner should not leave Mumbai without prior permission.

4. Maintainability of the Writ Petition and Enforcement of Fundamental Rights:
The court emphasized that the writ jurisdiction is available to enforce fundamental rights, especially under Article 21 of the Constitution of India. The court found a clear breach of Articles 21 and 22, as the petitioner was detained in a bailable offense without being offered bail. The court held that the writ petition was maintainable and that the petitioner was entitled to be released on bail. The court also noted that none of the judgments cited by the respondents were applicable to the peculiar facts and circumstances of this case.

Conclusion:
The court allowed the writ petition, holding that the alleged offense was bailable and that the petitioner should be released on bail. The court directed the adjudicating and compounding authorities to expedite the adjudication and compounding processes. The petitioner was also directed to cooperate with the investigation and attend the DRI office weekly until the issuance of the show cause notice. The court emphasized the enforcement of fundamental rights under Article 21 of the Constitution of India.

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