High CourtsSingle Bench(1987) 12 AP CK 0009

Yeshwanth Sankar Chawan and Others vs Assistant Collector of Customs and Central Excise, Hyderabad

Andhra Pradesh High Court · Decided on 12 December 1987 · Citation: (1988) 33 ELT 291

HON’BLE JUDGES
Radhakrishna Rao, J
CASE NUMBER
Criminal Revision Case No. 526 of 1987 and Petition No. 523 of 1987

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Judgment

2 paragraphs · 213 words
1.

Generally the Court should not impose onerous conditions. When the Sessions Judge has imposed onerous conditions, the High Court must take into consideration in what circumstances it has been done. Smuggling has become the order of the day. The accused are carriers. If they are released, there is possibility of their reviving their trade again. I do not know what made the Special Judge, Economic Offences, to grant bail. In a case like this the Court must think twice before granting bail. The petitioners are residents of Bombay. If the security that has been ordered is for a lessor amount, there is every apprehension that the petitioners would be tempted to jump the bail in the event of their release. The imposition of cash security by the learned Special Judge under the special circumstances directed by him is just and correct. The revision for relaxing the conditions imposed by the Court or for modifying the conditions, cannot be entertained. The proper course is to file an application for relaxing the conditions and that the revision as much is not maintainable. The decision of the Supreme Court in Keshab Narayan Banerjee and Another Vs. The State of Bihar, will not cover the facts and circumstances of this case.

2.

The revision is dismissed.