JOSEPH SANTHOSH Vs. SUPERINTENDENT OF CUSTOMS

JUDGEMENT

(1.) Being aggrieved by the condition imposed by the Assistant Commissioner of Customs while granting bail to the petitioners herein, in bailable offences, they have approached this Court seeking intervention.

(2.) Essential facts for disposal of these petitions are stated below:- The petitioners herein were apprehended at the Cochin International Airport, Cochin, on various dates, for either smuggling Gold or foreign currency by concealing it in their checked in baggage with a view to evade payment of customs duty legally leviable on it. Admittedly, the market value of the currency/gold was much below Rs.50 lakhs. Their voluntary statement was recorded by the Superintendent of Customs, Air Intelligence Unit, Cochin and they were paced under arrest. The offences alleged against the petitioners are, inter alia, under Sections 132, 135 (a), (b), (c) of the Customs Act, 1962. The offences alleged are non- cognizable and bailable. Being bailable offences, the officer proceeded to exercise powers under Section 104 (3) of the Customs Act and grant bail to the petitioners by Annexures-A2 and A3 orders produced in all these cases. The conditions imposed are identical and the same is extracted below for easy reference.

(3.) Sri. Premjith Menon, the learned counsel appearing for the petitioners, submitted that the offences being bailable, the petitioners can, as of right, claim to be released on bail. Referring to Section 104 of the Customs Act, 1962, it is submitted that for the purpose of releasing an arrested person on bail, a customs officer is subject to the same provisions as the officer-in-charge of a police station and as provided under the Code of Criminal Procedure. It is the submission of the learned counsel that imposition of Condition Nos.2, 3 and 4 is illegal and could not have been imposed by the customs officer.