Syed Azam Aijaz vs. The Superintendent Of Customs

Facts

The petitioner, the sole accused, filed a Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking regular bail. The petition pertains to Crime No.HQPOR No.168 of 2023, registered by the Superintendent of Customs (Preventive), Customs Commissionerate, GST Bhavan, Hyderabad. The petitioner was arrested on August 12, 2023, for attempting to pass through customs without declaring gold. Customs officials seized 2,172.000 grams of gold, valued at Rs.1,31,77,524/-, from the petitioner. The offence is punishable under Section 135 of the Customs Act. The petitioner was produced before the Court following his arrest.

Held

The Court held that the petitioner is entitled to regular bail. The reasoning provided is that the maximum punishment prescribed for the offence under Section 135 of the Customs Act is 7 years, and a significant portion of the investigation has been completed. Furthermore, the petitioner was caught red-handed by customs officials at the airport, which the Court considered a factor in granting bail. The Court directed the petitioner to execute personal bonds of Rs.50,000/- with two sureties for a like sum, to the satisfaction of the Special Judge for Trial of Cases under the Economic Offences Act, Hyderabad. Additionally, the petitioner must appear before the concerned Station House Officer every Monday between 10:30 AM and 1:00 PM for eight weeks or until the filing of the charge sheet, whichever is earlier, for the purpose of investigation. The petitioner was also ordered to abide by the other conditions stipulated in Section 437(3) of the Cr.P.C. No issues were expressly left undecided.

Key Issues

1. Whether the petitioner is entitled to regular bail under Sections 437 and 439 of the Cr.P.C. in connection with the offence under Section 135 of the Customs Act? Petitioner's Contention: The petitioner argued for the grant of regular bail. The judgment notes that the maximum punishment for the offence is 7 years and that most of the investigation appears to be complete. The petitioner was apprehended red-handed by customs officials at the airport. Respondent's Contention: The judgment does not record any specific arguments made by the respondent-State (represented by the learned Assistant Public Prosecutor).