( 1 ) RULE. Mr. Sunil Patel, Addl. Standing Counsel, waive service of Rule for respondent No. 1 and Mr. K. C. Shah, learned A. P. P. , waives service of Rule for respondent No. 2.

( 2 ) THIS is an application under S. 439 (1) of the Code of Criminal Procedure, 1973 ("code" for short) by the petitioner, who is arrested in an offence, being registered as Customs F. No. VIII/10-20/ap/95. On being produced before Addl. Chief metropolitan Magistrate, Ahmedabad, he was remanded to judicial custody. There also, an application was filed to release him on bail, being Misc. Criminal Application no. 21 of 1995, and the same came to be rejected on 18-12-1995. Thereafter, the petitioner filed Misc. Criminal Application No. 3374 of 1995 before learned additional City Sessions Judge, Court No. 12, Ahmedabad, who also rejected the said application by his judgment and order dated 11-1-1996. Petitioner has now moved this Court for releasing him on bail.

( 3 ) THE petitioner is arrested on the allegation that on his landing at International airport at Ahmedabad on 6-12-1995 by Indian Airlines Flight No. IC-664, his baggages were checked, which contained one mixer, one handbag and one ri