JUDGMENT

Malik Sharief-Ud-Din, J. - The petitioner has moved this application under section 439 Criminal Procedure Code, 1973 for grant or bail. It came up for hearing before the learned Single Judge of this court. During the course of arguments the learned Single Judge felt that the question which arises for determination in the petition is important in the sense that it is likely to arise in many cases. The learned Single Judge ordered that the matter be referred to a larger bench. This is how the petition bas come up before us.

2. The facts are that, the petitioner Robert Lendi is facing trial under sections 132 and 135(a) of the Customs Act, 1963 and section 5 of the Imports and Exports (Control) Act, 1947. The petitioner had moved an application for bail on 6.2.1986 under section 437 subsection (6) Criminal Procedure Code which was declined by the learned Additional Metropolitan Magistrate by his order dated 15.2.1986. The petitioner thereafter moved an application for grant of bail before the Sessions Court by the learned Additional Sessions Judge also refused to admit the petitioner to bail. What followed thereafter is the present bail application.

3. At this stage we may no