Tarlochan Singh vs Customs
1999 Latest Caselaw 1203 Del

JUDGMENT

Cyriac Joseph, J.

1. This petition has been filed under Section 439 of the Criminal Proce- dure Code for grant of bail to the petitioner who is the accused in a Customs case involving offences under Section 132 and 135(1)(a) of the Customs Act. The petitioner was arrested on 3rd October, 1999 at the IGI Airport, New Delhi and Indian currency worth Rs. 6,65,000/- and U.K. Pounds of the value of Rs. 2,07,000/- were recovered from the petitioner. The petitioner was about to proceed to London from New Delhi by an Air India flight. The complaint against the petitioner has already been filed in the Court and the passport of the petitioner has been seized and it is stated to be in the custody of the Court.

2. The learned Counsel for the petitioner points out that the punishment for an offence under Section 132 of the Customs Act is imprisonment for a term upto six months or fine or both, and the punishment for offence under Section 135(1)(a) is imprisonment for a term upto three months or fine or both. Hence according to the learned Counsel for the petitioner imprison- ment is not a mandatory punishment for the offences alleged to have been committed by the petitioner. Learned Counsel also submits that investiga- tion has been completed and complaint has been filed in Court and hence the custody of the petitioner is not required for the purpose of investigation. As far as the availability of the petitioner for facing trial is concerned, learned Counsel submits that the passport of the petitioner is already in the custody of the Court and that the petitioner is willing to abide by any condition imposed by this Court for the purpose of ensuring his availabili- ty for trial. Learned Counsel for the petitioner also points out that the petitioner is an infirm person and is suffering from illness and physical disabilities and, therefore, his application for grant of bail should be considered sympathetically and favourably.

3. Mr. Bhushan appearing for the respondent opposes the grant of bail to the petitioner mainly on the ground that he is a foreigner who committed serious economic offence and that he may flee from justice if he is re- leased on bail. He further submits that in case this Court is inclined to release him on bail sufficient conditions may be imposed to ensure that he will be available for trial.

4. Considering that imprisonment is not a mandatory punishment for the offences alleged to have been committed by the petitioner and that he is an infirm person suffering from illness and physical disabilities and that he is not any more required is custody for the purpose of investigation and that he has been in judicial custody from 3rd October, 1999 I am inclined to grant bail to the petitioner imposing sufficient conditions to ensure that he will be available for trial. I am of the view that merely because the petitioner is a foreigner bail should not be refused and that all relevant aspects should be considered.

5. Hence it is directed that the petitioner may be released on bail subject to the following conditions :

(1) The petitioner shall furnish a personal bond in the sum of Rs. 50,000/- with two sureties of the same amount, one of whom shall be from Delhi itself, to the satisfaction of the Trial Court.

(2) The petitioner shall deposit in cash a sum of Rs. 5,00,000/- with the Trial Court as security for bail and it shall with the Trial Court till the disposal of the case.

(3) The passport of the petitioner will remain with the Court/prosecution till the disposal of the case.

(4) The petitioner shall not leave the country without the specific permission of the Trial Court.

(5) In case the petitioner jumps the bail, the above mentioned bond, sureties and security shall be enforced.

6. In view of the conditions imposed above it is just and proper that the trial of the case is expedited. Hence the Trial Court is directed to expedite the trial to the extent possible.

Petition stands disposed of.

Copy of the order be given dasti.

7. Petition disposed of.