ARPIT JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for both the sides.

(2.) This second bail application has been preferred on behalf of accused-petitioner Arpit Jain in Case No.F.No.VIII(48) AP/12/2017 registered by the Customs Department for the offences under Sections 132, 135(1) (a) (b) (c) of the Customs Act, 196

(3.) Learned counsel for the accused-petitioner submits that earlier bail application was rejected by this Court vide order dated 18.12.2017 when the investigation was in progress. Now, the same has been completed and the complaint for the aforesaid offences has been filed against the accused-petitioner in the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan on 11.01.2018. He submits that in this changed circumstance this second bail application has been filed.He further submits that no offence under Sections 132 & 135 of the Customs Act is made out against the accused-petitioner. Some foreign currency notes and Indian currency were seized from his possession when he was in departure hall of Jaipur Airport. No boarding pass was issued to him. His further argument is that even if some infraction of the rules was made by the accused, it was only with regard to the provisions of the Foreign Exchange Management (Export and Import of Currency) Regulations, 2015. Foreign currency is not excise dutiable item. The Foreign currency which was seized from him on 12.11.2017 was only worth Rs.96, 24, 012/- in Indian rupees which is less than Rs.1 crore and therefore, the offence is bailable one.