Regular bail in Customs prosecution granted where investigation was complete and no recovery linked the accused to the alleged offence.

Regular bail in a Customs Act prosecution may be granted on a prima facie assessment where investigation is complete, the offence is triable by a Magistrate, and there is no recovery or discovery at the instance of the accused. The Gujarat HC noted that the applicant was implicated mainly on the basis of a co-accused's statement, and that the court at the bail stage need not examine the evidence in detail. On those circumstances, discretion was exercised in favour of bail, and the applicant was ordered to be released on terms and conditions.

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Issues: Whether the applicant was entitled to regular bail in a prosecution under the Customs Act.

Analysis: The application was considered in the context of the alleged gold-smuggling operation, the applicant's role as an Immigration Department officer, and the material collected during investigation. The Court noted that the investigation was over, the offences were triable by a Magistrate, and there was no recovery or discovery at the instance of the applicant. The applicant's arraignment was based on the statement of co-accused, and the Court found that these circumstances justified exercise of discretion in bail, particularly when the Court was not required to examine the evidence in detail at this stage.

Conclusion: The applicant was entitled to regular bail and was ordered to be released on bail on terms and conditions.

Ratio Decidendi: In a bail application, where investigation is complete, the offence is triable by a Magistrate, and there is no recovery or discovery at the instance of the accused, regular bail may be granted on a prima facie assessment of the material.

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