AVINASH BHOSALE Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) On the material placed on record, and the amended Sec. 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.