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2014 Supreme(AP) 842

B.SIVA SANKARA RAO
Superintendent of Customs (Cus-Prev) Hyderabad-II Commissionerate, Hqrs Office Kendriya Shulk Bhavan, Basheer Bagh, Hyderabad-500004 rep. by Special P. P. – Appellant
Versus
Kannur Abdul Kader Mohammed Haneefa S/o. Sri Abdul Khader Kannur Bayan Kunhi – Respondent


Advocates:
Advocate Appeared
Counsel for the Petitioner/ Complainant: Sri U.L.N. Sudhakar Special Public Prosecutor for Customs, Hyderabad.
Counsel for Respondent/ Accused:M.Jagadish Kumar, Counsel for respondent.

ORDER:

1. This Criminal Petition is filed against the order in Crl.M.P. No.1464 of 2014 in Crime No.HQ. POR. No.43 of 2014-CUS-PREV., of the Superintendent of Customs, Hydeabad-II, Commissionerate, Basheerbagh.

2. The petitioner herein is the complainant and the respondent is the sole accused of the above referred crime registered against him for the offences punishable under Sections 132 and 135 of the Customs Act, 1962, where he was taken to judicial custody in the pending crime by the Special Judge for Trial of Economic Offences (the designated Court).

3. The accused, who moved for regular bail before the learned Special Judge went unsuccessful, again moved to the Metropolitan Sessions Judge, who granted the regular bail under Section 439 of Criminal Procedure Code, 1973 (in short, Cr.P.C.). By impugning the said order, the present revision is filed seeking to cancel the bail order including on the contention that the learned Sessions Judge has no jurisdiction in granting the bail.

4. Heard both sides.

5. The contentions in support of the averments in application impugning the bail order in seeking for its cancellation are that, the learned Special Judge for Trial of Economic Off
































































































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