2005 (1) TMI 120

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....at the two allegations made against the petitioner are that offences have been committed under Sections 132 and 135(1)(a) of the Customs Act, 1962. He submits straightway that Section 132 is a bailable offence and it is only on account of the allegation that an offence under Section 135(1)(a) has been committed that he is before this court. He further pointed out that by a subsequent amendment whi....

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.... made out. 3. The learned counsel appearing for the Customs Department submitted that this was a clear case in which the ingredients of Section 135(1)(a) were made out and keeping in mind the seriousness of the offence and the allegations, bail should not be granted. He drew my attention to the complaint and several paragraphs therein, particularly, he drew my attention to paragraphs 3(cc) & 3(....

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....nbsp;  xxxx          xxxx (iii)     Total export made so far by M/s. G&S International were to the tune of Rs. 98 crores and DEPB benefit availed was approximately Rs. 9.5 crores and drawback benefit availed was Rs.0.78 crore. Total exports made by M/s. A'S Raj International so far were to the tune of Rs. 7.38 crores. Total d....

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.... as to whether there is any whisper of any misdeclaration of value in the complaint, he was unable to show any such clear allegation in the complaint. 5. Looking at the totality of the circumstances and also the fact that now, in any event, offence under Section 135(1)(a) has been made compoundable, I see no reason as to why bail should not be granted to the present petitioner. Accordingly, the....