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2000 Supreme(Del) 117

CYRIAC JOSEPH
ANIL MAHAJAN – Appellant
Versus
COMMISSIONER OF CUSTOMS – Respondent


Advocates Appeared:
D.C.MATHUR, NAINA KEJRIVAL, Pramod Gulati, Sunil Sharma, Trilok Kumar

Cyriac Joseph, J.

( 1 ) THIS is a Petition filed under Section 439 of the Criminal Procedure Code for grant of bail to the Petitioner who is alleged to have committed offences punishable under Sections 132 and 135 (l) (b) of the Customs Act, 1962 (hereinafter REFERRED TO as the Act ). The offence under Section 132 of the Act is bailable and the offence under Section 135 (l) (b) of the Act is non- bailable. The Petitioner was arrested on 4-8-1999 and he has been in judicial custody since 5-8-1999. After completion of investigation a complaint has been Filed in the Court against the Petitioner. Even though the Petitioner filed an application for bail in the Court of the Additional Sessions Judge it was dismissed by the learned Additional Sessions Judge on 30-9-1999 observing that the Petitioner is involved in a serious economic offence which has been committed with a cool calculated mind with deliberate designs and with an eye on personal profits regardless of the consequences to the community and nation at large.

( 2 ) ACCORDING to the Respondents, on 30-7-1999 smuggled synthetic fabrics of foreign origin and assorted colour bearing foreign markings and measuring 128745. 80 meters































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