AHMED YARKHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Public Prosecutor, for UOI.

(2.) IN support of this bail application two contentions have been raised (1) that the remand of the accused in judicial custody is illegal and (2) that there is no prima facie case against the accused petitioner under Section 135 of the Customs Act, 1962, here -in -after referred to as 'the Act'.

(3.) I agree with the reasoning contained in the aforesaid cases of the Kerala High Court. I am, therefore, of the opinion that the provisions of Sections 437 and 167 Cr. PC are applicable to a person who is arrested of being suspected or having committed on offence under Section 135 of the Act, and as such a person can be released on bail or can be remanded into judicial custody under Section 167, Cr. PC. Coming to the merits of the case the contention of the learned Counsel for the petitioner is that there is no evidence against the accused petitioner. The accused petitioner was not caught at the spot and the evidence against him is said to be his own statements and the statements of the two more witnesses. It will not be proper to deal with them in detail and suffice it to say that I feel this is a fit case in which the accused petitioner should be released on bail.