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2018 Supreme(Raj) 431

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Arpit Jain S/o Shri Anil Kumar Jain – Appellant
Versus
Union of India Through Superintendent (AIU) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Swadeep Singh Hora, Mr. Dharmendra Gurjar
For the Respondent: Mr. R.D. Rastogi, Mr. C.S. Sinha

JUDGMENT :

Mohammad Rafiq, J.

This habeas corpus petition under Article 226 of the Constitution of India has been filed by Arpit Jain with the prayer that respondent Union of India be directed by issuance of writ of habeas corpus to release him from illegal detention and custody on such terms and conditions as may be deemed just and proper in respect of Case No.F.No.VIII(48)AP/12/2017 registered by the Customs Department, Jaipur, pertaining to Criminal Complaint No.48/2017 pending before the Chief Metropolitan Magistrate (Economic Offences), Jaipur Metropolitan, in which cognizance has been taken vide order dated 15.01.2018.

2. Mr. Swadeep Singh Hora, learned counsel for petitioner, submitted that the petitioner is in jail in a matter where cognizance against him has been taken for bailable offences under Sections 132 and 135 of the Customs Act, 1962 (for short, ‘the Act of 1962’). The cognizance has been taken by the court only for bailable offence. Section 132 of the Act of 1962 provides for punishment, which may extend to two years and that is a bailable offence. So far as Section 135 of the Act of 1962 is concerned, the penalty provided therein is depended on the value of the good










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