HEMANTH H.S. Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) This is the petition filed by the petitioner--accused No. 3 under Section 438 of the CR.P.C. seeking anticipatory bail and to direct the respondent--police to release the petitioner on bail in the event of arrest of the petitioner for the alleged offence punishable under Sections 135(A) and 135(B) of the Customs Act, registered in DRI. No. S/IV/15/2014.

(2.) Heard the arguments of the learned counsel appearing for the petitioner-accused No. 3 and also learned High Court Government Pleader for the respondent-State.

(3.) Learned counsel for the petitioner-accused No. 3 during the course of his arguments submitted that the present petitioner has been employed in the office of the accused No. 2 attend to the courier services and to give door to door delivery. He further submitted that, in so far as alleged offences are concerned the present petitioner is totally unconnected and he was not at all having the knowledge that the imported material and boxes contain 7 Kgs. of gold bar worth Rs. 2,14,27,000/-. Counsel further made submission that the Customs Authorities have already searched the house of the present petitioner and nothing was found in his house. He further submitted that accused Nos. 1 and 2 have been arrested in this case and have been already granted bail by the Special Economic Court by its order dated 15.04.2014 pleaded in para No. 4 of the bail petition at page No. 3. Learned counsel made submission that the present petitioner was not at all having the knowledge before receiving the imported articles from the Customs Authorities that they were gold bars weighing 7 Kgs. and without such knowledge he has received the said consignment. Counsel made submission that since accused Nos. 1 and 2 are already been released on bail and only Investigation Officer has to record the statement of the present petitioner and he is ready to abide any conditions to be imposed by this Court. The offences are triable by the Court of Magistrate and not exclusively punishable with death or imprisonment of life.