ARVINDER SINGH Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE applicant is accused of having committed offences under Sections 132 and 135 of the Customs Act. According to the respondent Customs Department, the applicant facilitated the clandestine removal of some goods, namely, RAMs and Memory Cards valued at Rs. 68,97,500/ -. According to the remand application moved by the Customs Department, the value of the goods is several crores of rupees and the Customs duty is approximately Rs. 5 crore. Learned counsel for the applicant submitted that the main accused against whom the allegations have been levelled have not been proceeded against. He also submitted that the Courier in question has not been implicated even though the parcels were sought to be cleared through it. He urged that the applicant had co -operated in the investigation and appeared before the authorities on three dates and now he has suffered incarceration since 31 -5 -2007. Learned counsel also urged that other co -accused had to be released since the statutory period had ended.

(2.) LEARNED counsel for the respondent opposed the application for bail. He emphasized on the seriousness of the offence. He also relied upon the statements made under Section 108 by the applicant. He urged that the investigation is not complete as the other main culprits i.e. importers are at large and are absconding. It was further urged that the applicant had sought interim anticipatory bail which was granted by the Additional Sessions Judge. That order was thereafter set aside by this Court.