U.L.BHAT
The Superintendent Of Customs, C. I. U. , Cochin – Appellant
Versus
P. K. Ummerkutty – Respondent
In Crl.M.P. Nos. 684 of 1983, 685 of 1983, 694 of 1983 and 695 of 1983 the petitioners therein, who are respondents 1 to 7 herein, were granted conditional bail by the Chief Judicial Magistrate, Tellicherry, overruling the objections raised by the Superintendent of Customs, Customs Intelligence Unit, Cochin. The latter has now filed this Crl.M.C. under Section 439(2) of the Code of Criminal Procedure (for short the 'Code') seeking cancellation of the interim bail as well as the regular bail ordered.
2. The facts as can be gathered from the order of the lower Court, the averments in the petition and the submissions made at the Bar, can be summarised as follows :- Customs Officers concerned received information to the effect that contraband articles (smuggled goods) were likely to be landed at the Tellicherry coast on the night of 15-9-1983 or early hours of the morning of 16-9-1983. They organised a customs party and kept the coast line under watch. They found Lorry K.L.N. 4936 moving from the Tellicherry Beach (opposite to the District Court premises) to the main road. The lorry was driven by the second respondent herein Respondents 3 to 5 were in the lorry. The lorry w
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