Petitioner seeking anticipatory bail under Customs Act alleged of gold smuggling. Court declined bail as petitioner was not an accused and no apprehension of arrest existed, dismissing the petition.
Application for anticipatory bail dismissed; petitioner not considered an accused with no arrest apprehension.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. O.P. No.15527 of 2024
Crl. O.P. No.15527 of 2024
P. DHANABAL.J.,
The petitioner apprehends arrest for the alleged offences under Sections 135(1)(a), 135(1)(b) and Section 135(1)(i)(A) of the Customs Act, 1962 in F.No.66 of 2024-INT(AIR) on the file of the respondent police seeks anticipatory bail.
2.The case of the prosecution is that on 08.06.2024, the petitioner herein, who is an employee of Indigo Airlines namely S. Mohammed Barkathullah, serving as Officer-Customer Service alleged to have got gold paste from a smuggler namely Abdulla Komu Jaljahan during transit period at transit area. Hence the case.
3.The learned counsel for the petitioner would contend that the petitioner is an innocent and he has not indulged in any activities as alleged in the F.I.R and he has been falsely implicated in this case by the respondent police. The petitioner has no role in the commission of offence. There is no material to implicate this petitioner in this case. No evidence or documents found under search done by the respondent police. Hence he seeks anticipatory bail.
4.The learned Government Advocate (Criminal Side) would submit
1 of 4
Crl. O.P. No.15527 of 2024
that on 08.06.2024, one person by name Mohammed Barkathullah
working as Officer Customer Service, Indigo Airlines was intercepted, while he was passing through customs office and during the search, totally 36 nos of pouches were found in possession with him weighing 13,538 grams were cut open and found to contain brown colour rubbery spread and on extraction by heating process, four gold ingot weighing 12,622 grams were recovered valued at Rs.8,04,40,698/-. Based on the confession statement of above said Mohammed Barkathullah, it came to know that the petitioner has played an active role in the act of smuggling foreign origin gold. The anticipatory bail application is filed by the petitioner at premature stage. Hence he objected to grant anticipatory bail to the petitioner.
fact that so far, the petitioner is not arrayed as accused in this case and considering the fact that there is no apprehension of arrest and hence question of granting anticipatory bail to the petitioner would not arise, I am declined to grant anticipatory bail to the petitioner.
2 of 4
Crl. O.P. No.15527 of 2024
09.08.2024
mjs
To
P.DHANABAL,J
mjs
3 of 4
Crl. O.P. No.15527 of 2024
CRL OP.No.15527 of 2024
09.08.2024
4 of 4
1 issue framed by the court
Whether anticipatory bail should be granted when the petitioner is not yet arrayed as an accused and there is no immediate apprehension of arrest.
1 provisions across 1 enactments
P. DHANABAL
S. Mohammed Barkathullah
The State
P. DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
