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1992 Supreme(Raj) 353
High Court Of Rajasthan
Judgename : N.L.Tibrewal
BAL KISHAN - Appellant
Versus
STATE OF RAJASTHAN - Respondent
S. B. Cr. Misc. Bail Application 3932 Of 1992
Decided On : 10/08/1992
G.K.RANA, M.K.KAUSHIK, M.RAFIQ
Headnote:Criminal Procedure Code, 1973 - Section 438 - Accused's application for pre-arrest bail - Case of smuggling silver and gold petitioner required - Application for direction rejected by Sessions Judge - Evidence appears against petitioner - Whether application deserves to be allowed at this stage? (No). (Paras 1 to 3)
Result: Application rejected.
Act Referred
N. L. TIBREWAL, J.
( 1 ) HEARD. The petitioner is being required in a criminal case on the allegation of smuggling silver and gold. The contention of learned counsel for the petitioner is that the officials of the Excise Department want to harass the petitioner, as such, he should be granted prearrest bail.
( 2 ) FROM the order of the learned sessions Judge, it does not appear that there is no evidence against the petitioner - at this stage. I am of the view that the Investigating Agency should be free in investigating such matters which seriously effect the economy of the country. The contention of learned counsel for the petitioner that he has duty paid slip in his possession about gold, can also be produced before the Investigating Agency.
( 3 ) IN my view, no case the pre-arrest bail U/s. 438 Cr. P. C. is made out. The application is rejecte
