Habeeb Ahmed v. The Superintendent Of Customs

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. 2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

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. 4.

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

handed by the customs officials in the airport, the petitioner can be granted the relief of regular bail subject to the following conditions:

i) The petitioner/sole accused shall execute personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Special Judge for Trial of Cases under Economic Offences Act, Hyderabad.

ii) The petitioner/sole accused, after release, shall appear before the concerned Station House Officer every Monday between 10.30 AM and 01.00 PM., for a period of eight weeks or till filing of charge sheet, whichever is earlier, for the purpose of investigation. iii) The petitioner/sole accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

7.

Accordingly, the criminal petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 20.09.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8872 OF 2023 Dt.20.09.2023 tk