Habeeb Ahmed 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 petitioner was arrested on August 12, 2023, by Customs officials for attempting to pass through customs without declaring gold. Officials seized 2,049.000 grams of gold, valued at Rs. 1,24,31,283/-, from the petitioner. The registration of the case was under Crime No.HQPOR No.167 of 2023 by the Superintendent of Customs (Preventive), Customs Commissionerate, GST Bhavan, Basheerbagh, Hyderabad. The offence is punishable under Section 135 of the Customs Act. The petitioner was produced before the Court after arrest.
Held
The Court held that the petitioner is entitled to regular bail. The reasoning is based on the fact that the maximum punishment prescribed for the offence under Section 135 of the Customs Act is 7 years, and it appears that most of the investigation is complete. The petitioner was caught red-handed by the customs officials at the airport, which supports the grant of bail. The ratio decidendi is that when the investigation is substantially complete and the accused was apprehended in the act, bail can be granted subject to conditions, considering the maximum sentence prescribed. The operative directions are that the petitioner shall execute personal bonds for Rs. 50,000/- with two sureties, appear before the concerned Station House Officer every Monday for eight weeks or until the filing of the charge sheet, whichever is earlier, and abide by the other conditions stipulated in Section 437(3) of the Cr.P.C.
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 registered under Section 135 of the Customs Act? Petitioner's argument: The petitioner contended that the maximum punishment for the offence is 7 years, and a significant portion of the investigation appears to be complete. The petitioner was apprehended red-handed by customs officials at the airport. Respondent's argument: The judgment does not record any specific arguments made by the respondent (State) against the grant of bail.
Sections Cited
Section 135, Section 437, Section 439
AI-generated summary — verify with the full judgment below
1 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8872 OF 2023
ORDER:
This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking regular bail to the petitioner/sole accused, in Crime No.HQPOR No.167 of 2023 on the file of Superintendent of Customs, (Preventive) Customs Commissionerate, GST Bhavan, Basheerbagh, Hyderabad, registered for the offence punishable under Section 135 of the Customs Act.
Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.
The petitioner was arrested on 12.08.2023 while trying to go through customs without declaring gold in his possession. The Customs officials found 2,049.000 grams of gold valued at Rs.1,24,31,283/- from the petitioner. Since the act of the petitioner amounts to an offence under Section 135 of the Customs Act, petitioner was produced before the Court.
The maximum punishment prescribed for the said offence is 7 years and it appears that most part of the investigation is complete and since the petitioner caught red
2 handed by the customs
The judgment continues below.
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