2009 (1) TMI 293 - HC - Customs

High Court grants bail in Customs Act case, deems offense bailable

The High Court of Judicature at Bombay granted bail to the Applicant in a case involving a bail application under Section 135(1)(ii) of the Customs Act ... Bail Issues: Bail application under Section 135(1)(ii) of the Customs Act for a bailable offence.Analysis:The judgment before the High Court of Judicature at Bombay involved a bail application under Section 135(1)(ii) of the Customs Act for an offense deemed bailable. The Applicant had been arrested and detained by the Officers of S.I.I.B. based on the declaration of goods under three free shipping bills with an FOB value of Rs. 18,64,499. The remand application contained the relevant statement regarding the case.The learned Counsel representing the Applicant argued that the offense in question fell under a bailable category as per Section 135(1)(ii) of the Customs Act. However, the learned Magistrate had categorized it as a non-bailable offense under section 135(i)(c). The Counsel contended that no notification had been issued under the said provision prohibiting the export of the goods in question. It was highlighted that while notifications existed under various sections of the Customs Act, no specific notification had been issued under Section 135(i)(c), leading to a lack of justification for the Trial Court's decision on the nature of the offense.In light of the arguments presented, the High Court found that a prima facie case was established for the grant of bail. Consequently, the Applicant was ordered to be released on bail upon furnishing a sum of Rs. 25,000 with one or two sureties of a similar amount. The Applicant was also directed to cooperate with the SIIB Officer and report as required, initially providing cash surety and subsequently furnishing the required sureties within a specified timeframe.