ASSISTANT COLLECTOR OF CUSTOMS Vs. SENGUM OYELAMI

JUDGEMENT

(1.) PETITION under Sec.482, Crl.P.C, praying to cancel the bail granted to the respondents in Crl.M.P.No.17129 of 1990.

(2.) THE Assistant Collector of Customs has filed an affidavit in support of the application. THE allegations in it are briefly as follows: THE respondents were arrested on 18.8.1990). After investigation, a complaint was filed against them in CC.No.739 of 1990 before Judicial Magistrate No.I, Poonamallee. THE respondents have committed offence punishable under Sec.8(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 which is punishable under Secs.23, 28 and 29 of the said Act besides offence under Sec.135(1)(a)(ii) of the Customs Act, 1962. Due to unforeseen circumstances, the complaint could not be filed within 90 days of the date of arrest. While so, respondents filed Crl.M.P.No.17129 of 1990 on the file of this court and had prayed for bail on the ground that 90 days had elapsed and no complaint is filed and that they are entitled to bail under the proviso to Sec. 167(2), Crl.P.C This court had allowed this petition and granted bail on certain conditions. THEy have got no right to continue to be in bail after the complaint has been filed which brings serious offences of possession of 10.195 Kilograms of heroin the part of the first accused and for exporting the same illicitly and accused No.2 for conspiracy with accused No.1 and attempt to export the same illegally and thus have committed offence alleged which attract a minimum sentence of 10 years rigorous imprisonment and a fine of Rs. 1,00,000. In the light of the materials gathered during the course of investigation, the respondent cannot claim bail and they cannot have a claim to remain on bail obtained under the provisions of proviso of Sec. 167(2), Crl.P.C. THEy are foreigners, involved in serious offences. THEy would make good their escape once they come out of bail and would effectively render the course of investigation futile. Hence the petition.