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Judgment
The petitioner, who was arrested and remanded to judicial custody on 27.07.2026 for the alleged offence under Section 135 of the Customs Act, 1962, in F.No.DRI/CZU/VIII/48/E-Cell/ENQ-1/INT-17/2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that the petitioner is the 3rd accused registered by the Directorate of Revenue Intelligence, Chennai Zonal Unit (“DRI”), in connection with the alleged attempted smuggling/export of 142 Red Sanders losg weighing about 4,847.6 kilograms, valued at approximately Rs.1,45,42,800/-said to have been seized on 26.07.2026 from an Eicher lorry bearing Registration No.KA-02-C-2303 near Kuthambakkam, Poonamallee. Hence the case.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He also further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.
The specific allegation against the petitioner is that the petitioner has stated in Paragraph Nos.9 and 10 of the remand application is as follows:-
9.....Shri Chandrasekhar had also engaged Shri A.Sagaya Aruldass to assist him in escorting the lorry from Mannur Junction. When the lorry stopped near Indian Coffee Cool Shop, Valarpuram, due to a mechancial fault, Shri Chandrasekar took possession of the keys and informed Shri Kasim Musthafa regarding the same. On instructions of Shri Kasim, he, with shri Aruldass, arranged temporary parking of the lorry at the godown at No.28, Padur Main Road, Kuthambakkam, wherein Shri Jayakumar was the in-charge.
10.It is respectfully submitted that Shri A.Sagaya Aruldass, in his voluntary statement recorded under Section 108 of the Customs Act, 1962, stated that on 25.07.2026 he was contacted by Shri B.Chandrasekar, who informed him that Eicher Lorry bearing Registration No.KA-02-C-2303 was carrying Red Sanders logs and requested his assistance in escorting the lorry from Mannur Junction. He admitted that he was aware that the lorry contained Red Sanders logs and that the transportation was illegal. Shri Aruldoss accompanied Shri Chandrasekar to Mannur Junction, in the movement of the said lorry bearing No.KA-02-C-2303.”
Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been incarcerated since 27.07.2026. He also further submitted that the investigation is still pending. However, he opposed the grant of bail to the Petitioner.
I have given my anxious consideration to either side submissions and perused the materials available on record.
Considering the above role contributed to this petitioner in the remand application filed by the respondent before the Trial Court and considering the period of incarceration already undergone by the petitioner, the investigation is still pending, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate II, Poonamallee, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent Police daily at 10.30a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in acc with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.