Customs Act bail granted where alleged recovery was below threshold and no flight or tampering risk was shown.

Bail was granted in a prosecution under Section 135 of the Customs Act, 1962 because the alleged recovery from the applicant was treated as below the statutory threshold referred to by the HC, and the recoveries from co-accused were left for trial. The Court also relied on the absence of criminal antecedents, the stage of the proceedings, the period of incarceration, and the lack of any stated risk of flight, tampering with evidence, or influencing witnesses. On the material then available, these factors supported release on bail.

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Issues: Whether the applicant was entitled to bail in a prosecution under Section 135 of the Customs Act, 1962, having regard to the alleged recovery, the quantum of duty evasion, the absence of criminal antecedents, and the surrounding circumstances.

Analysis: The application was considered on the basis of the alleged recovery from the applicant and the material then available. The question whether the recoveries from co-accused could be clubbed was treated as a matter for trial. At the stage of bail, the alleged goods recovered from the applicant were valued at Rs. 8,40,000, which was treated as below the statutory threshold referred to by the Court under Section 135 of the Customs Act, 1962. The Court also noted the absence of criminal history, the nature of the trial, the period of incarceration, and the absence of any expressed apprehension of flight risk, tampering with evidence, or influencing witnesses.

Conclusion: The applicant was held entitled to bail.

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