DIRECTORATE OF REVENUE INTELLIGENCE Vs. ATTARPAL SINGH

JUDGEMENT

(1.) By this revision the petitioner, Directorateof Revenue Intelligence (DRI) challegned the legality and propriety of and seeks setting aside of the order dated 11.6.1998 passed by learned Addl. Sessions Judge (A.S.J.) whereby the respondent-accused has been admitted to bail for an offence under 135(1 )(b) of the Customs Act (the 'Act').

(2.) The facts alleged in brief are that the officers of DRI, Delhi on 2.5.1998 recovered /seized smuggled ball bearings (1) worth Rs. 39,15,200.00 from in front of godown-cum-residence of one Tej Vir Singh, located at Gali No. 3, R-Block, Vikas Nagar (2) worth Rs. 46,00,065.00 from a godown located at 496, Parmanand Colony and (3) worth Rs. 57,53,900.00 from a godown situated at 18, Yograj Colony, Delhi i.e. in all totalling to Rs. 1,42,69,165.00 . The respondent and one Dhiraj Singh in their statements alleged to have been made voluntarily under Section 108 of the Act admitted the aforesaid recovery and seizure and some facts of their concern with the seized smuggled goods. Inderjeet Singh, Intezar Ahmed, Joginder Singh and some others in their alleged voluntary statements made under Section 108 of the Act had also named the respondent and said Dhiraj Singh to be concerned with the said seized smuggled goods. The respondent and Dhiraj Singh were arrested on 2.5.1998. His application tor bail was rejected by the learned A.C M.M. on 26.5.1998.

(3.) He moved another application before Sessions Court and on 9.6.98 the learned A.S.J. ordered issue of notice to the respondent for 16.6.1998. The respondent filed another application for early hearing which came before another learned A.S.J. on 10.6.1998, who after notice to the respondent preponed the hearing of the application for bail to 11.6.1998,heardthematterand granted bail to the respondent on 11.6.1998 after hearing the parties.