THE UNION OF INDIA THROUGH, DIRECTORATE REVENUE OF INTELLIGENCE, REGIONAL UNIT, BIHAR, PATNA Vs. MANOJ SAH SON OF SHRI SUNDAR SAH RESIDENT OF VILLAGE

JUDGEMENT

(1.) This petition for cancellation of bail granted to opposite party vide order dated 18.06.2014 passed in Cr. Misc. No. 15608 of 2014 in connection with DRI Case No. 09 of 2013 corresponding to Trial No. 301 of 2013 pending in the court of Presiding Officer (Spl.) Economic Offences, Muzaffarpur has been filed on behalf of Union of India through Directorate Revenue of Intelligence, Regional Unit, Bihar, Patna.

(2.) The opposite party, namely, Manoj Sah and one Brijesh Sahni were made accused in above stated DRI Case No. 09 of 2013 corresponding to Trial No. 301 of 2013 for the offences punishable under Sec. 135 of the Customs Act, 1962. The opposite party, namely, Manoj Sah applied for bail before the trial court which was rejected and thereafter, opposite party came before this Court for grant of bail but this Court refused to grant bail to him vide order dated 04.09.2013 passed in Cr. Misc. No. 28841 of 2013. Again, opposite party, namely, Manoj Sah filed Cr. Misc. No. 15608 of 2014 for grant of bail and it was prayed before this court that maximum punishment for the offence punishable under Sec. 135 of the Customs Act, 1962 was up to three years and taking note of the aforesaid submission as well as period of detention of the opposite party, this court vide order dated 18.06.2014 passed in Cr. Misc. No. 15608 of 2014 granted bail to opposite party.

(3.) The above stated order dated 18.06.2014 passed in Cr. Misc. No. 15608 of 2014 has been impugned before this court by filing this cancellation petition on two counts. Firstly, the Union of India was not made party in Cr. Misc. No. 15608 of 2014 though the Union of India was necessary party to the aforesaid Cr. Misc. No. 15608 of 2014 and no opportunity of hearing was given to the Union of India at the time of passing order dated 18.06.2014 in Cr. Misc. No. 15608 of 2014. Secondly, the maximum punishment for the offence punishable under Sec. 135 (1) (a) (i) (c) is up to seven years and with fine.