ANAND SWRIP GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order relates to application of bail relating to offence under Section 132 and 135 of the Customs Act. The petitioner moved applications for bail before the ACMM as well as the Addl. District & Sessions Judge, both rejected the bail application. Thus the matter has came up before this Court for hearing.

(2.) According to the prosecution case on 31.3.1999, the officers of Air Customs, recovered and seized foreign currency equivalent to Indian Rs. 6,80,315.00 from the possession of the petitioner. It is alleged that he was attempting to take the amount in clandestine manner to New York by flight No. SK-968. He had not declared the same to the officers of the Customs inspite of specific query. In his statement under Section 108 of the Customs Act, the petitioner admitted recovery and seizure and incriminating facts. Investigation is said to be pending. It is said to be serious offence and the petitioner is NRI.

(3.) It is submitted by the learned Senior counsel for the accused Shri Lekhi that the offence under Section 132 is confined to false declaration and it is punishable with imprisonment for a term which may extend to six months or with fine or with both. Since Section 123 is not attracted by virtue of Sub Section (2) of Section 123 to currency. the offence under Section 135 relating to avasion of duty or prohibition is punishable with imprisonment "for a term which may extend to three year or with fine or with both". This is not a case punishable with life imprisonment or by death sentence. The learned Sr. counsel Mr. P.N. Lekhi relies upon Babu Singh & Anr. Vs. State of U.P. AIR 1978(1) SCC 579 and submits that the petitioner has roots in society and suffers from no disqualification and is entitled to be released on bail. He has filed a photocopy of the Income Tax return indicating his tax liability amounting to Rs. 2,26,648.00. He has also filed a list of properties indicating that the petitioner has house No. C-44, South Extension Part-11, New Delhi measuring about 500 sq. yards worth Rs. 2.5 Crores .Commercial building in Connaught Place, New Delhi measuring 20,000.00 Sq. Yds. at M-38/1, Middle Circle, Connought Place, New Delhi worth Rs. 10 Crores. and a Farm House in Bijwasan, Delhi, A-5 Pushpanjali, Delhi measuring 1.25 Acres worth Rs. 1.5 Crores. It is contended that in view of his business .property and relations in India he is not likely to run away and no purpose is going to be served for detaining in the jail inhuman condition.