Bail in smuggled gold prosecution granted after investigation ended and no contraband was seized from the applicant's possession.

Bail was granted under Section 439 CrPC where the investigation against the applicant had been completed, no gold was seized from his possession, and only sanction to prosecute remained before filing of the charge-sheet. The prosecution alleged involvement in the import and carriage of smuggled gold under Section 135(1)(b) of the Customs Act, 1962, but the Court found that continued custody was not necessary for the purposes of trial, without expressing any view on the merits.

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Issues: Whether the applicant was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 after completion of investigation, where no gold was seized from his possession and sanction to prosecute was yet to be obtained.

Analysis: The prosecution case rested on alleged involvement in the import and carriage of smuggled gold attracting Section 135(1)(b) of the Customs Act, 1962. The material before the Court showed that investigation in relation to the applicant had already been completed, no contraband had been seized from his possession, and only sanction to prosecute remained to be obtained before filing of the charge-sheet. In these circumstances, and without expressing any view on the merits, continued custody was not found necessary for the purposes of trial.

Conclusion: Bail was granted to the applicant.

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