DIRECTORATE OF REVENUE INTELLIGENCE Vs. HARSH VASANT

JUDGEMENT

(1.) This is a petition u/s 482 r/w 439 (2) of the Code of Criminal Procedure, challenging the order dated 11.06.09 whereby bail was granted to the respondents by A.C.M.M., New Delhi. The respondents were arrested on 4th June, 2009 under Section 132 and 135 of Customs Act in connection with smuggling of 5010 bottles of foreign liquor and were granted bail subject to respondent No. 1 depositing Rs. 25 lakhs with Commissioner of Customs, within a week of his release on bail.

(2.) It is alleged in the petition that the order granting bail is bad in law as well as on facts as the case involved evasion of customs duty amounting to more than Rs. 1 crore and the Learned ACMM did not deal with all the submissions and did not consider the judgment relied upon by its counsel despite noticing them. It has been stated that bail ought not to have been granted to the respondents in view of seriousness of the offence, pendency of investigation and the conduct of the respondents.

(3.) In Dolat Ram and Others v. State of Haryana, (1995) 1 SCC 349, while considering an appeal against the order of the High Court cancelling anticipatory bail granted to the appellants, the Hon'ble Supreme Court inter alia noted as under:-