2005 (1) TMI 120

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....he 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 which came into effect in 2004, sub-sect....

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....ing 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(cc)(iii) and (iv) which read as under:- "3....

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....per the statements dated 29-7-2004 of the accused and Rajesh Agarwal, all exports were as verbal orders placed by the tourist buyers during their visit to India at their office, who also as per their statements paid foreign currency in advance and in person to them along with currency declaration certificates which they deposited in their remittance Bank. Photocopies of the sample currency declara....