NOOR MOHAMMAD KHAN Vs. STATE

JUDGEMENT

(1.) THE facts giving rise to this petition under Section 482 CrPC are that some contraband goods of the value of about Rs. 11,206-50 p. (in any case less than Rs. 1 lakh) was recovered from the possession of the petitioner. THE customs officer arrested the petitioners and produced them before the Chief Judicial Magistrate, Gonda. THEy were arrested for offences punishable under Section 104/135 of the Customs Act. THE offence was a non-cognizable offence. THE Customs Officers ought to have offered that the petitioner shall be released on bail on their furnishing adequate security but instead they preferred to produce the petitioners before the Chief Judicial Magistrate, Gonda who rejected their application for bail on the ground that by means of a notification, a Special Judicial Magistrate, Allahabad has been empowered for considering all these cases. Another application was moved before the Sessions Judge who rejected that application on 7-5-1986.

(2.) IT is evident from the record that it was a non-cognizable offence and any cognizance of the same was not taken by any Court and the petitioner were presented before the Magistrate. The Magistrate did not offer bail. He was required to act in accordance with the provisions of Section 187 CrPC. As such, this petition is allowed and it is hereby directed that on motion of at application by the petitioners, the Chief Judicial Magistrate, Gonda, shall consider their case in the light of Section 187 CrPO and in view of the facts discussed above. Let a copy of this order be given to the learned counsel for the petitioner on his furnishing necessary charges today, i possible. Application allowed