Anticipatory bail in Customs Act case granted where no conscious possession or recovery from the accused was shown.

In a Customs Act prosecution concerning alleged seizure of gold bullions, the Patna HC granted anticipatory bail after noting that the petitioner was not shown to be in conscious physical possession of the recovered gold and no incriminating article was found from him. The implication was based mainly on the statement of a co-accused and surrounding circumstances. The Court also noted that the gold had already been confiscated by the Customs Department and that no specific allegation of witness tampering was made, making pre-arrest protection appropriate.

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Issues: Whether anticipatory bail should be granted to the petitioner in a case alleging offence under the Customs Act, 1962.

Analysis: The petitioner was not shown to be in conscious physical possession of the seized gold bullions, and no incriminating article was recovered from him. The implication rested on the statement of the apprehended co-accused and the surrounding circumstances. The recovered gold had already been confiscated by the Customs Department, no specific allegation of tampering with witnesses was made, and the Court found the case fit for grant of pre-arrest protection.

Conclusion: Anticipatory bail was granted to the petitioner.

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