JUDGMENT

J.B. Goel, J. This is an application under Section 439 of the Code of Criminal Procedure (for short "the Code"). The petitioner is a foreign national, an Iranian. He is being prosecuted for an offence under Sections 132/135 (1) (a) of the Customs Act. His bail application was rejected by the learned ACMM on 23.9.1998 and by an Addl. Session Judge (ASJ) on 12.10.1998

2. Briefly, the facts are, that the petitioner is an Iranian national and had come to India on Tourist visa. On 13.9.1998, he was going back to Tehran from IGI Airport, New Delhi by Emirates Airlines Flight No. KE-703. He got clearance from Immigration and Customs but did not declare that he was carrying foreign currency. However, on suspicion, he was intercepted by Customs Officers and on search of his person and personal baggage, US $ 10,350 and Iranian Currency 5,05,000 Rials were recovered. He is alleged to have made disclosure statement on 13.9.1998 under Section 108 of the Customs Act admitting the aforesaid recoveries, seizure and incriminating facts. He was arrested on 1. 3.9.1998 and is in custody., since then. A complaint has since been filed. Both the learned counsel have addressed arguments at len