1. Leave granted.
2. On the material placed on record, and the amended Section 135(1)(ii) of the Customs Act, 1962 it appears to us that apparently the offence which is alleged to have been committed is a bailable offence and thus the Magistrate has rightly granted bail to the appellant. In view of this, the order of the High Court is set aside.
3. We make it clear that if the Department wants to proceed with the appellant in regard to any other violation or infraction of the Customs Act or any other Act which are distinct from the offence for which the appellant was arrested, the Department can proceed with such matters in accordance with law.
4. The appeal is accordingly, allowed.
Avinash Bhosale v. Union Of India & Another
Avinash Bhosale v. Union Of India & Another
(Supreme Court Of India)
Criminal Appeal No.1138 of 2007 | 27-08-2007
Advocate List
Bench
- HON'BLE MR. JUSTICE P.P. NAOLEKAR
- HON'BLE MR. JUSTICE R.V. RAVEENDRAN
Eq Citations
- (2009) 1 SCC CRI 882
- (2007) 14 SCC 325
- LQ/SC/2007/1056
Head Note
Customs Act, 1962 - S. 135(1)(ii) — Offence alleged to have been committed, held, is a bailable offence — Magistrate rightly granted bail to appellant — Order of High Court setting aside order of Magistrate, set aside — Department may proceed with appellant in regard to any other violation or infraction of Customs Act or any other Act which are distinct from offence for which appellant was arrested
