Badar Durrez, Ahmed, J.

( 1 ) THE learned Counsel for the petitioner, while arguing the application for regular bail under Section 434, submitted that 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 straightaway 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-Section 3 has been added to Section 137 whereby it is now provided that-

"any offence under this chapter may, either before or after the institution of the prosecution, be compounded by the Chief Commissioner of Customs on payment, by the person accused of the offence to the Central government, of such compounding amount as may be specified by rules".

( 2 ) THUS, according to him, even if an offence under Section 135 (l) (a) is made out, it would still be compoundable under Section 137 (3) ot the said Act and, therefore, no useful purpose would be served by keeping the petitioner in custody, specially when

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