2016 (2) TMI 579

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.... 1. Heard learned counsel for the parties. 2. These two appeals are filed by the appellant-Ishwar Das Moolrajani and the Union of India and Anr. questioning the correctness of the condition imposed upon the detenu to deposit an amount of Rs. 4.5 crores for granting him bail vide Order dated 8.09.2006 passed by the Division Bench of the High Court of Judicature for Rajasthan, Jaipur Bench (hereinafter referred to as "the High Court"). The High Court has entertained the Habeas Corpus Petition filed by the detenue. In the writ petition, certain factual aspects and legal grounds were urged inter alia contending that the arrest of the detenu was unlawful and therefore he had sought for issuance of a writ of habeas corpus to the respondents,....

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....ing that there was a seizure of the smuggled goods from the detenu as provided under Section 123 of the Customs Act. The detenu was produced before the learned Additional Chief Judicial Magistrate, Jaipur, pursuant to his arrest made by the Intelligence Officer, Directorate of Revenue Intelligence, Regional Unit, Jaipur. The learned Chief Judicial Magistrate while examining the bail petition filed by the detenu, by recording his reasons, rejected the bail. Thereafter, he approached the learned Additional District Judge seeking for enlarging him on bail. That petition was also rejected. During the pendency of the proceedings before the said Court, the detenu has filed a Writ Petition for grant of writ of habeas corpus and the same is allowed....

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....ssed by the High court in habeas corpus writ petition or the conditions incorporated in the order of bail passed by the High Court. 6. Further, when we put the question to the learned senior counsel appearing for the Union of India as to what criminal proceedings are initiated against the detenu insofar evasion of the duty payable to the Revenue on the illegally imported goods in respect of which the arrest of detenu was made under Section 104 of the Customs Act during the pendency of the proceedings before this Court, he submits that no such proceedings are initiated and no satisfactory explanation is given for not taking action for having arrested him for the alleged offence, under the relevant provisions of the Customs Act as adverted....