High CourtsSingle Bench(1988) 12 BOM CK 0002

Manoj Shivnath Puri and Others vs Asstt. Collector of Customs and Another

Bombay High Court · Decided on 21 December 1988 · Citation: (1992) 42 ECR 785

HON’BLE JUDGES
Kotwal, J
CASE NUMBER
Criminal Application No. 2374 of 1988

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Judgment

5 paragraphs · 275 words

Kotwal, J.—Heard learned Counsel for the parties.

2.

Shri Patwardhan, learned Counsel for Respondent No. 1, makes a statement on instructions that so far no complaint has been recorded with Bombay Customs and he has no instructions whether any complaint has been recorded at Ludhiana arid at least at present there is no question of the petitioners being arrested in Bombay by the officers attached to Bombay Customs.

3.

Shri Thakore, learned Counsel, submits that to enable the Petitioners to take appropriate orders of bail from a Court of Ludhiana, they should be given time and an interim bail should be given in that behalf. Shri Patwardhan has no objection.

4.

Shri Thakore''s apprehension that if such course is not adopted then it would cause hardship to his clients, is well-founded. Giving an interim relief would protect the Petitioners'' interest. In view of this, it is not necessary to have a further probe.

5.

In the event of their arrest by the Central Excise or Customs in respect of an enquiry relating to certain consignments under summons C. No. CW-13/Prev/16/88/13466, dated 12th December 1988, issued by the Central Excise & Custom Division, Ludhiana, the Petitioners shall be enlarged on interim bail in the sum of Rs. 1,000/- each with one surety for the like amount with an option of furnishing cash surety for that amount. This interim bail shall remain in force for a period of three weeks commencing from 22nd December 1988 so as to enable the petitioners to move the appropriate Court in Punjab and Haryana regarding bail. During this period if an occasion arises, the petitioners should cooperate with the Investigating Officers.