SYED MOHAMMAD ZAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Although, the aforesaid two applications for grant of bail have arisen from different cases registered under the provisions of the Customs Act, 1962 (hereinafter to be referred as "the Act") and they were heard separately, but as both these applications involves a common question of law, therefore, they are being disposed of by this common order. Copy of the order may be placed in each of the files.

(2.) S.B.Criminal Misc.Bail Application No.11193/2014 has been filed by the accused-petitioner-Shri Syed Mohammad Zama under Section 439 Cr.P.C. in respect of Customs Case No.DRI/DZU/JRU/19ENG-1 (INT-3) 2014 Customs (Preventive), Jaipur for offences under Sections 132 and 135 (1) (i) (A) and (B) of the Act. The bail application filed by accused-petitioner has been dismissed by the Additional Sessions Judge No.10, Jaipur Metropolitan vide order dated 24.9.2014, whereas the S.B.Criminal Misc.Bail Application No.13466/14 has been jointly filed by accused-petitioners Shri Najibullah & Qais under Section 439 Cr.P.C. in respect of Case No.(VIII) (10) AP/23/2014 Customs (Preventive), Jaipur for the same offences and their application for grant of bail has been dismissed by the Additional Sessions Judge No.10, Jaipur Metropolitan vide order dated 16.10.2014. The common question of law which has arisen in these bail applications is whether the offences under Section 135 of the Act for which the petitioners have been prosecuted is bailable or non-bailable and the equally important question which has been raised in these applications is whether the goods imported by the petitioners on previous occasions without declaration of the same and without paying customs duty upon them can be clubbed with the present goods which have been imported by them without declaration and without paying customs duty upon them.

(3.) Before considering the arguments submitted by the learned counsel for the parties and the relevant legal provisions, it would be useful to mention the relevant facts in brief in respect of each of the aforesaid bail applications:-