LAWS(KER)-2007-3-41

SHANMUGHA SUNDARAM Vs. SENIOR INTELLIGENCE OFFICER

Decided On March 12, 2007
SHANMUGHA SUNDARAM Appellant
V/S
SENIOR INTELLIGENCE OFFICER Respondents

JUDGEMENT

(1.) Petitioner, who is the accused in Reference No.DRI/CHN/VIII/10/01/07 of Directorate of Revenue Intelligence, Kochi for an offence punishable under Sec.135(1)(a) of the Customs Act, 1962 for allegedly trying to export red sandal logs by substituting the consignment of T-shirts with the said contraband logs enrouting movement at Salem, seeks his enlargement on bail.

(2.) Eventhough Sri.John Varghese, learned Assistant Solicitor General, opposed the application, the fact remains that the final report has not been filed even after 60 days of detention of the petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

(3.) Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate(Economic Offences), Ernakulam and subject to the following conditions: