IN RE : GOLU VERMA Vs. STATE

JUDGEMENT

(1.) THE petitioner has prayed for bail under Section 439 of the Code of Criminal Procedure in connection with Customs Case No. MISCS -0016755 of 2015 under Section 135 read with Section 104 of the Customs Act, 1962 pending before the court of learned Chief Metropolitan Magistrate, Calcutta. It is submitted on behalf of the petitioner that the petitioner is detained in custody for about 46 days on the allegation of transporting about 1 kg. of gold along with three co -accused persons and that no interrogation of the petitioner was done in the correctional home during last about one month. It is also submitted on behalf of the petitioner that the petitioner will co -operate with the investigation and that no fruitful purpose will be served in keeping the petitioner in custody any more.

(2.) MR . Saraf, learned counsel appearing on behalf of the Customs submits that four accused persons including the present petitioner were transporting about 6 kgs of gold without any authority under the law and the valuation of the gold will be about Rs. 1 crore 60 lakh and the investigation is still in progress.

(3.) ON consideration of the nature of allegation made against the petitioner, the gravity of the offence, the period of detention of the petitioner in custody and the progress of investigation of the case, I am inclined to grant bail to the petitioner on some conditions. Accordingly, the petitioner is released on bail upon furnishing bond of Rs. 50,000/ - with two sureties of Rs. 25,000/ - each to the satisfaction of learned Chief Metropolitan Magistrate, Calcutta, on condition that the petitioner will report to the investigating officer, i.e. Inspector of Customs, P & I Branch, CC(P), West Bengal, once in a week till completion of investigation and filing of petition of complaint before the appropriate court of law. The application for bail is thus allowed.