Kerala High Court
Abdul Jamal vs The Inspector Of Customs on 18 January, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937
Bail Appl..No. 266 of 2016
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OR.NO.S 14/21/2015 R & I, OF CUSTOMS PREVENTIVE COMMISSIONERATE, COCHIN
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PETITIONER(S)/ACCUSED:
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ABDUL JAMAL, AGED 38 YEARS,
S/O.ABDU RAHMAN, VADAKKE KANNACHAM VEETTIL,
NEROTH ROAD, MANGAD, SIVAPURAM,
KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S)/COMPLAINANT/STATE:
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1. THE INSPECTOR OF CUSTOMS,
R & I DIVISION, CUSTOMS PREVENTIVE COMMISSIONERATE,
COCHIN 682 031.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
R1 BY SPECIAL PUBLIC PROSECUTOR SRI.SASTHAMANGALAM
AJITHKUMAR,
R2 BY PUBLIC PROSECUTOR SMT.R.REMA
BY SRI.C.P.UDAYABHANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-02-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
SUNIL THOMAS, J.
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B.A.No. 266 of 2016
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Dated this the 18th day of January, 2016
ORDER
The petitioner is the 1st accused in O.R.No.S.14/21/2015 &1 of Customs Preventive Commissionerate, Cochin for offence punishable under Section 135(1)(i) of Customs Act 1962.
2. The allegation of the prosecution is that, cigarettes worth Rs.158.5 lakhs were imported to Cochin without documents concealed in a sofa set in the address of the petitioner herein. The petitioner was questioned and was arrested on 22.12.2015. He is in custody since then.
3. Heard both sides and examined the records.
4. It was submitted by the learned Counsel for the petitioner that he is a licensed dealer. The prosecution alleges that, under the code number of the import-export license got by the petitioner, the contraband articles were send in his address. It appears B.A.No. 266 of 2016 2 that the investigation has substantially progressed in so far as it relates to the petitioner herein. His statement has also been recorded.
5. Considering these facts, I feel that no further custody of the petitioner is required at present and he can be granted bail subject to the following conditions:
(a) The petitioner shall execute a bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.
(b) He shall surrender his passport if he is in possession of any and if not, file an affidavit at the time of execution of the bond.
(b) He shall appear before the Investigating Officer as and when called and shall co-
operate with the investigation.
(c) He shall not threaten, coerce or intimidate the witnesses and shall also not interfere with B.A.No. 266 of 2016 3 the course of investigation.
The bail application is allowed.
Sd/-
SUNIL THOMAS, JUDGE //TRUE COPY// P.A. TO JUDGE AD