SUPERINTENDENT CUSTOMS AND CENTRAL EXCISE Vs. ELUKALA KRISHNAMACHARI

JUDGEMENT

(1.) Petition u/s. 439 (2) and 482 Cr. P.C. praying that in the circumstances stated therein the High Court will be pleased to issue an order directing to cancel the bail granted by the Sessions Judge, Nellore in Cr1. M.P. Nos. 670/85 and 673/85 respectively.

(2.) These petitions coming on for hearing, upon perusing the petition and upon hearing the arguments of Mr. K. Jagannadha Rao, Standing Counsel for Central Government on behalf of the petitioner in both petitions and of Mr. K. V. Subrahmanya Narsu, Advocate for the Respondent No. petitioner in both petitions and of Mr. K. V. Subrahmanya Narsu, Advocate for the Respondent No. 1 in both petitions and of the Public Prosecutor on behalf of the Respondent No. 2 in both petitions the court made the following Order:

(3.) The Superintendent Customs and Central Excise, Range-IT, Nellore Division, Nellore, is the petitioner in the two petitions. Cr1. M.P. No. 1188/86 is filed to cancel the bail granted to Krishnamachary in Cr1. M.P. No. 670/85 by the Sessions Judge, Nellore, Krishnamachary was arrested on 6.12.1985 and produced before the lInd AddI. JudI. 1st Class Magistrate, Nellore. On 7.12.1985, with a remand report that he is guilty of offence under Sec. 135 of the Customs Act and was liable to be punished for the said offence The lInd AddI. JudI. 1st Class Magistrate, Nellore, remanded Krishnamachary to judicial custody on 7.12.1985. Krishnamachary filed a bail application before the Magistrate on 9.12.1985. That petition was dismissed on the ground that the Magistrate has no jurisdiction to grant bail, while holding that the Special Judge dealing with Economic Offences Cases, Hyderabad, alone has jurisdiction to entertain the application. On 11.12.1985, the Magistrate passed the orders, directing the transfer of the case to the court of the Special Judge for Economic Offences at Hyderabad as he has exclusive jurisdiction to try the offence and directed the Jail Superintendent to Cause the production of the accused on 23.12.1985 before the Special Judge for Economic Offences at Hyderabad. The records were received by the Special Judge for Economic Offences on 16.12.1985 Meanwhile, Krishnamachary filed Cr1. M.P. No. 670/85 before the Sessions Judge, Nellore, for grant of bail. Inspite of the objection raised by the Public Prosecutor about the jurisdiction of the court to grant bail, the Sessions Judge granted the bail. It is against the order, this petition has been filed.