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SUPREME COURT OF INDIA
P.P. Naolekar and R.V. Raveendran, JJ.
Avinash Bhosale - Appellant
Versus
Union of India - Respondents
Criminal Appeal No. 1138 of 2007
Decided On : 27-8-2007
Customs Act - Bail Provision - The court found that the offence alleged was a bailable offence under the amended Section 135(1)(ii) of the Customs Act, 1962, and therefore the appellant was rightly granted bail by the Magistrate. The court set aside the order of the High Court and allowed the appeal.
Fact of the Case:
The appellant was granted bail by the Magistrate for an alleged offence under the Customs Act.
Finding of the Court:
The court found that the offence was bailable and the appellant was rightly granted bail. The order of the High Court was set aside and the appeal was allowed.
Issues: Interpretation of the amended Section 135(1)(ii) of the Customs Act and the grant of bail for the alleged offence.
Ratio Decidendi: The court's decision was influenced by the interpretation of the amended bail provision under the Customs Act, which led to the finding that the offence was bailable.
Final Decision: The appeal was allowed, and the court set aside the order of the High Court.
ORDER :
P.P. Naolekar, J. - Leave granted.
2. On the material placed on record, and the amended Section 135(1)(ii) of the Customs Act, 1962 it appears to us that apparently the offence which is alleged to have been committed is a bailable offence and thus the Magistrate has rightly granted bail to the appellant. In view of this, the order of the High Court is set aside.
3. We make it clear that if the Department wants to proceed with the appellant in regard to any other violation or infraction of the Customs Act or any other Act which are distinct from the offence for which the appellant was arrested, the Department can proceed with such matters in accordance with law.
4. The appeal is accordingly, allowed.
Appeal allowed.
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