Section 108 customs statement needs corroboration before culpability is inferred; bail granted where recovery was absent.

In a Customs Act bail matter, the Court treated the absence of recovery from the applicant, completed investigation, and lack of need for custodial interrogation as significant factors favouring release. It held that a statement under Section 108 may be admissible, but it cannot by itself sustain criminal culpability without independent corroboration, particularly where the prosecution case rested mainly on call records, electronic material and alleged telephonic links. The Court also noted no strong material suggesting tampering with evidence or influencing witnesses, and considered parity with a co-accused already on bail. Bail was therefore granted.

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Issues: Whether bail should be granted in a prosecution under the Customs Act, 1962, where no recovery was made from the applicant, the case rests substantially on a statement under Section 108 of the Customs Act, 1962 and alleged telephonic links, and custodial interrogation was no longer shown to be necessary.

Analysis: The applicant was not found in possession of any gold, while the recovery was from other co-accused. The material relied upon by the prosecution consisted mainly of call records, electronic material and the statement recorded under Section 108 of the Customs Act, 1962. The Court held that a statement under Section 108 may be admissible, but it cannot blindly be accepted as sufficient to lead to conviction without independent corroboration. The Court also noted that the investigation had been completed, the complaint had been filed, custodial interrogation was no longer required, and there was no strong material showing that the applicant would tamper with evidence or influence witnesses. Parity with a co-accused already enlarged on bail was also noticed, along with the applicant's period of incarceration.

Conclusion: Bail was granted to the applicant.

Ratio Decidendi: A statement recorded under Section 108 of the Customs Act, 1962 cannot by itself be treated as sufficient to sustain criminal culpability without independent corroboration, especially where no recovery is made from the applicant and custodial interrogation is not required.

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