SUKHWINDER SINGH Vs. THE ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THE petitioners are alleged to have been secured for interrogation purpose and later on arrested on the charge of having in their possession 200 gold biscuits with foreign markings which they got recovered from the fields. After due interrogation and investigation by the Custom Authorities, they were arrested and produced before the Ilaqa Magistrate on 28.2.1991. That court directed the petitioners to be kept in judicial lock up and since the they are confined in Central Jail, Amritsar.

(2.) THE concession of bail has been declined to the petitioners. It seems that neither any prayer was made nor the arresting officer directed the release of the petitioners on bail in terms of Section 104(3) of the Customs Act, 1962. The Arresting Officer is empowered to grant bail to the arrested persons under Section 104(3) of the Customs Act, which is reproduced below :-

(3.) ADMITTEDLY , the petitioners are in judicial lock up since 28.8.1991. Mr. H.S. Giani, the learned counsel for the respondent, has very fairly conceded that the arresting officer was competent in law to grant bail to the present petitioners in terms of Section 104(3) of the Act, but due to gravity of offence, such order was not passed. However, formal order declining bail by the Investigating Officer has not been produced before this Court.