KAPIL SHROFF Vs. ADDITIONAL DIRECTORATE GENERAL

JUDGEMENT

(1.) The petitioner was arrested in connection with a case relating to an offence punishable under Section 135 of the Customs Act. After his prayer for bail was declined by the Learned Chief Metropolitan Magistrate, Calcutta, he approached the Learned Chief Judge, City Sessions Court, Calcutta and was released on bail subject to the following conditions,

(2.) Thereafter the petitioner moved CRM No. 3350 of 2012 before this Hon'ble High Court praying for recalling of all the conditions subject to which he was granted bail. It appears from the said order annexure-C to this criminal revision, in support of such prayer it was urged not only the Apex Court has declared the offence punishable under Section 135 of the Customs Act is bailable but also according to one of its earlier decision, while granting bail in connection with a case involving bailable offence, it is not permissible to impose any condition. However, that co-ordinate bench of this court, before which the said matter came up for hearing, by its order passed on March 7, 2012 being annexure-C to this application, without accepting the contention of the petitioner, relaxed the only condition, whereby the petitioner was directed not to leave the territorial jurisdiction of the State of West Bengal without the permission of Senior Intelligence Officer, Directorate of Revenue Intelligence, Kolkata Zonal Unit and refused to waive the remaining other conditions.

(3.) Subsequently, the petitioner moved another application being CRAN No.437 of 2013 in connection with his earlier application for relaxation of condition of bail, with a prayer for withdrawal of the remaining conditions on the self-same argument as was made before the previous bench that the offence involved is a bailable offence and it is beyond the authority of the court to impose any condition while granting bail in connection with such a case. However, this time also the court did not accept his contention and instead of removing those conditions by its order passed on May 14, 2013, vide annexure-D to this application, only granted following interim relief, The petitioner shall be permitted to take back his passport from the concerned authority to go abroad strictly only for a month according to his requirement subject to the following conditions,