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Anticipatory bail principles were applied pari passu with...
Anticipatory Bail granted on conditions balancing presumption of innocence with investigative needs; passport surrender and regular attendance required.
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Anticipatory bail principles were applied pari passu with anticipatory provisions to protect liberty under Article 21, balancing it against investigation needs. The court found alleged customs undervaluation offences to be compoundable and triable by a Magistrate, with punishment up to seven years, but noted absence of criminal antecedents and lack of prima facie material beyond documentary records and a CHA statement while customs officers had cleared the entries. Custodial interrogation was not imperative; accordingly pre-arrest protection was granted subject to conditions (personal bond with surety, regular attendance before IO, passport surrender, identity/address proofs, non-interference with evidence and witness, and court permission to leave the country).
Anticipatory bail principles were applied pari passu with anticipatory provisions to protect liberty under Article 21, balancing it against investigation needs. The court found alleged customs undervaluation offences to be compoundable and triable by a Magistrate, with punishment up to seven years, but noted absence of criminal antecedents and lack of prima facie material beyond documentary records and a CHA statement while customs officers had cleared the entries. Custodial interrogation was not imperative; accordingly pre-arrest protection was granted subject to conditions (personal bond with surety, regular attendance before IO, passport surrender, identity/address proofs, non-interference with evidence and witness, and court permission to leave the country).
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