DEPARTMENT OF CUSTOMS Vs. MANISH JALHOTRA

JUDGEMENT

(1.) By this petition, the Petitioner has challenged the order dated 3rd July, 2010 passed by the learned Additional Chief Metropolitan Magistrate granting bail to the Respondent, Learned counsel for the Petitioner contends that the allegations against the Respondent are serious in nature and in view of the serious offence committed, no bail could be granted to the Respondent.

(2.) During the pendency of the present petition, in Om Prakash & Ors. v. Union of India & Ors., 2011 11 Scale 310the Hon'ble Supreme Court has held that offence under Section 135 of the Customs Act is a bailable offence.

(3.) In view of the decision of the Hon'ble supreme Court, nothing survives in this petition seeking setting aside of the impugned order and cancellation of bail of the Respondent. The petition is dismissed accordingly.