Grant of Bail in Customs Act Case Emphasizes Need for Evidence

The court granted bail to the applicant in a case involving the recovery of foreign origin gold bars and cash, filed under Section 135 of the Customs Act. The court emphasized the need for corroborative evidence to convict under Section 108 and highlighted the inadmissibility of coerced confessions. Considering the lack of evidence linking the applicant to smuggling activities, the court granted bail based on the applicant's custody period, lack of criminal history, and no flight risk. The court imposed conditions for bail, emphasizing the balance between individual liberty and societal interests.

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Issues:
Bail application under Section 135 of the Customs Act during trial.

Analysis:
The bail application was filed on behalf of the applicant seeking release during the trial in a case involving the recovery of foreign origin gold bars and cash from the applicant's premises. The applicant was alleged to be involved in smuggling activities, leading to the filing of a complaint under Section 135 of the Customs Act. The applicant denied the allegations, claiming the gold was purchased locally and the statement recorded by authorities was under duress. The applicant offered to deposit customs duty and highlighted the lack of evidence linking him to smuggling activities.

The applicant's counsel relied on various case laws to support the bail application, emphasizing the requirement of corroborative evidence to convict under Section 108 of the Customs Act. The opposite party vehemently opposed the bail application, citing the recovery of illegal gold and cash from the applicant. The court considered previous judgments emphasizing the need for corroborative evidence and the inadmissibility of coerced confessions under the Customs Act.

After evaluating the arguments, the court found that the prosecution primarily relied on the applicant's statement under Section 108, which alone was insufficient for conviction without corroborative evidence. The court noted that the applicant had been in custody since the incident, had no criminal history, and posed no flight risk. Citing relevant case law, including the importance of balancing individual liberty and societal interests, the court granted bail to the applicant.

The court imposed several conditions for the applicant's release on bail, including surrendering any passport, providing a bank guarantee, refraining from tampering with evidence or engaging in criminal activities, and cooperating with the trial proceedings. Breach of these conditions could lead to the cancellation of bail. The court's decision was based on the nature of the offence, the applicant's conduct, and considerations of justice and individual rights as per constitutional mandates and judicial precedents.

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