2026 (1) TMI 1184 - HC - Customs

Cancellation of anticipatory bail quashed and matter remanded for fresh bail hearing allowing objections and submissions

Cancellation of anticipatory bail was examined with emphasis on exercise of judicial discretion, resulting in quashing of the impugned order and remand ... Cancellation of anticipatory bail - large-scale gold smuggling - Exercise of judicial discretion - Quashing and remand for fresh hearing - Interference with order of Additional Sessions Judge - HELD THAT:- Considering the gravity of the offense and the allegations leveled against the respondent no. 1-accused, it deems fit to this Court to exercise discretion in favour of the applicant. Consequentially, the present application is hereby allowed and the order passed by the learned Additional Sessions Judge in Criminal Misc. Application is hereby quashed and set aside. The learned Additional Sessions Judge is requested to hear the said bail application afresh by considering the objections filed by the applicant and also, after giving opportunity to either sides to make fresh and/or additional submissions, if required and if it deems fit, at the time of hearing of the bail application. Thus, the matter is hereby remanded back in view of the above terms. Issues: Whether the anticipatory bail granted to the accused (respondent no.1) should be quashed/cancelled on the ground that the trial court did not consider the written objections filed by the complainant, and whether the matter should be remanded for fresh hearing.Analysis: The order granting anticipatory bail does not record any consideration of the written objections submitted by the complainant. Given the allegations regarding large-scale gold smuggling and associated investigative material, the procedural omission as to consideration of objections is material to the exercise of discretion in bail matters. In these circumstances it is appropriate to set aside the impugned order and direct a fresh hearing so that the bail application may be decided on merits after the learned Additional Sessions Judge considers the complainant's objections and permits fresh or additional submissions by either party.Conclusion: The application for cancellation of anticipatory bail is allowed in favour of the applicant (Revenue). The order dated 12.06.2025 in Criminal Misc. Application No.4269 of 2025 is quashed and set aside and the bail application is remanded for fresh hearing with directions to consider the written objections and permit fresh or additional submissions.