ARUN R GUPTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SHRI Arun Gupte, the petitioner is a Senior Counsel for Central Government (Prosecution) and a Special Public Prosecutor for cases under the N. D. P. S. Act in Special Courts at Bombay. He have legal practice for last more than 30 years and as a Senior Counsel has been representing the Central Government and its various wings in various courts.

(2.) IT is unfortunate that occasion has arisen for him to be a petitioner in the Court. The petition seeks expunction of unjustified adverse remarks reproduced in prayer (a) of the petition passed against him by the Chief Metropolitan Magistrate (Shri S. A. Merchant) in an order granting bail in R. A. No. 265 of 1993 dated 5-11-1993 to a foreign national apprehended under the Customs Act.

(3.) JOSEPH Hudec - a Czech Republic National, resident of Prague was found in possession of 52 contraband gold bars collectively weighing 6063. 2 grams and valued at Rs. 21,82,750/- IMV and Rs. 27,10,250/- IMV on his arrival from Singapore by flight No. 412 on 27-10-1993 at Sahar International Airport, Bombay. His statement under section 108 of the Customs Act was recorded, wherein possession of contraband gold was admitted. He was arrested and produced before the Magistrate on 27-10-1993. He was remanded in custody till 5-11-1993, when he was again produced before the Magistrate. He made an application for release on bail. The petitioner represented the Customs Department, and seriously opposed the release of the accused on bail within such a short period, inter alia, on the ground that he was a foreigner and could flee from India. He also invited attention of the Court to increasing incidents of foreigners jumping bails. The learned Magistrate, without even considering the submission of the Customs Department about the possibility of the accused jumping the bail, straight-way ordered his release on bail on that very day on the sole ground that period of 11 days was sufficient to complete the investigation.