Bail and remand review under special enactments requires fresh scrutiny of detention limits and investigation progress.

Detention and bail must be assessed under the Code of Criminal Procedure alongside the special procedural regimes under the Customs Act, Gold Control Act, Arms Act and Foreigners Act, with judicial scrutiny required before pre-trial custody continues beyond permissible limits. The text stresses that the progress of investigation, the nature of the offences and the relevant surrounding circumstances must be considered before deciding whether custody should continue or bail be granted. As the existing record was insufficient for a final determination, the bail matters were remitted for fresh decision in accordance with law.

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Issues: Whether the bail applications required fresh consideration in the light of the statutory provisions governing remand, detention and bail under the general criminal procedure and the special enactments involved.

Analysis: The statutory scheme under the Code of Criminal Procedure, 1973 was examined in relation to detention during investigation and after cognizance, together with the provisions applicable to offences under the Customs Act, 1962 and the Gold Control Act, 1968. The Court also considered the distinct procedural position of offences under the Arms Act and the Foreigners Act, and the constitutional concern that pre-trial detention should not be continued beyond the permissible limits without proper judicial scrutiny. In view of the special facts, the nature of the offences, the progress of investigation, and the need to assess relevant circumstances before deciding whether custody should continue or bail should be granted, the matter could not be finally decided on the existing record.

Conclusion: The bail matters were sent back for fresh decision by the learned single Judge in accordance with law.

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