Bailability under Customs law confirmed for non-cognizable smuggling offence punishable up to three years, barring judicial custody

An offence under Section 135(1)(ii) of the Customs Act, 1962 is bailable and non-cognizable because the statute prescribes imprisonment up to three years, or fine, or both, and also contemplates summary trial by a Magistrate. The Court read these features with the criminal procedure classification of offences and held that such an offence falls within the bailable category. It distinguished the graver offence under Section 135(1)(i) read with Section 123, and treated the contemporaneous Customs Manual as consistent with that construction. Judicial custody could not be directed on that basis.

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Issues: Whether an offence punishable under Section 135(1)(ii) of the Customs Act, 1962 is bailable or non-bailable, and whether a person arrested for such offence can be remanded to judicial custody.

Analysis: The offence under Section 135(1)(ii) carries imprisonment that may extend to three years, or fine, or both. The Customs Act declares offences under the Act to be non-cognizable under Section 104(4), and Section 138 contemplates summary trial by a Magistrate. Reading these provisions with the scheme of the criminal procedure classification of offences, the Court held that a non-cognizable offence punishable in this manner falls within the category of bailable offences. The Court also distinguished authorities dealing with the graver form of offence under Section 135(1)(i) read with Section 123, and relied upon the contemporaneous Customs Manual as supporting the same construction.

Conclusion: The offence under Section 135(1)(ii) of the Customs Act, 1962 is bailable and non-cognizable, and the Magistrate could not direct judicial custody on that basis.

Ratio Decidendi: Where a statute makes an offence non-cognizable and prescribes punishment of imprisonment up to three years or fine or both, the offence is to be treated as bailable, particularly when the statute also provides for summary trial.

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