GOURI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) It is submitted by the counsel for the Petitioner that no prima facie case is made out against the Petitioner. Further, he has submitted that the offence alleged is punishable for three to seven years of imprisonment. He has also submitted that the Petitioner has no connection with the goods in question and the checking of the same was. not done in presence of the officers of Air Arabia. He has also submitted that taking into consideration the principles of granting of bail, there is neither any chance of absconding of the Petitioner nor he would temper with the evidence, in case he is granted bail by the Court. In support of his submissions, the counsel for the Petitioner has placed reliance on the cases of Anil Jain v. Directorate of Revenue Intelligence, 2006 131 DLT 573 and Haroub Slaum Sleyoum v. Shri Abdul Qadir, Bail Application No. 2520/08 decided by the High Court of Delhi on 13.2.2009. In support of his submission, the learned Counsel for the Petitioner has also referred to the judgment of the Hon'ble Supreme Court in the case of Gudikanti Narasimhulu and Ors. v. Public Prosecutor, High Court of Andhra Pradesh, 1978 AIR(SC) 429

(3.) The prosecution has vehemently opposed the bail application and submitted that the present case is not only a one relating to economic offences but it is of a serious nature where large quantity of Indian and foreign currency is involved, violating the provisions of the Customs Act, 1962. He has also submitted that the accused-Petitioner is a habitual offender in relation to the provisions of the Act of 1962 and within a period of two years he had gone out of country for 17 times. It has been submitted by the learned Public Prosecutor that from the facts of the present case as well as the evidence recorded during the course of investigation, it is amply clear that the Petitioner has committed the offence alleged. Therefore, he has submitted that the Petitioner may not be granted bail and his application may be dismissed.