SHAUN STANY NORONHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, with the consent of the learned Counsel for the parties heard finally.This petition calls in question the legality and correctness of an order dtd. 20/1/2026, passed by the learned Additional Chief Judicial Magistrate, Mumbai, whereby the learned Magistrate declined to release the petitioners on bail holding that the offences for which the Petitioners were arraigned, under Sec. 135(1)(i) of the Customs Act, 1962 ("the Customs Act"), were non-bailable.

(2.) The petitioners claim to be the employees of Shiny Shipping and Logistics Pvt. Ltd. ("Shiny Shipping"). Shiny Shipping owns multiple vessels including M. V. Tina 4, which is an Inland Vessel registered under the Inland Vessels Act, 1917. The said vessel holds a valid licence for transporting petroleum. Shiny Shipping, according to the petitioners, purchases High Flash High Speed Diesel ("HFHSD") regularly to fuel the engines of the vessels.

(3.) Pursuant to an intimation, on 17/1/2026, the officers attached to Rummaging and Intelligence Division of Commissioner of Customs (Preventive) intercepted M. V. Tina4. During rummaging of the said vessel, approximately 120 KL grey blackish coloured liquid purported to be diesel was found concealed in forward freshwater tank and in service tank. Cash amount of Rs.4,00,000.00 was also found concealed in the ceiling of the Master's cabin. A seizure-memo was drawn.