Jail, Not bail in Customs Cases
REMEMBER the Pune hotelier Avinash Bhosale, who was arrested by Mumbai DRI as he was walking out through the green channel on charges of smuggling. Since it was late night, the DRI officials decided to keep him in a police lock-up and afford themselves a sound sleep. But given the 'stature' of the offender, it was not possible for him to spend a night in a police lock-up. So, he managed to get himself produced before a night magistrate who granted him bail. Next day, the predictable happened. The DRI sleuths came under heavy attack of criticism for taking preposterous decision to hand him over to the local police. The DRI took the matter to the Bombay High Court, which quashed the bail (). Avinash Bhosale appealed to the Apex Court, which held that the offence was bailable and the night magistrate was after all right (2007-TIOL-255-SC-CUS).
People were being routinely arrested and sent to jails for alleged offences under the Customs and Excise Laws. When the Supreme Court () held that these offences were bailable and the arrested persons had to be released on bail, if they sought bail, it sent shock waves across the country - among the officers. “What?, we arrest somebody and he just walks away without even coming up to the court with us?” Super sleuths like the ones in DRI are appalled! Many of the officers are hopeful that the government will correct this lapse - and they did in the 2012 Budget, but owing to widespread criticism, the FM withdrew those provisions at the time of enactment. Obviously DRI and DGCEI sleuths are not happy. How can you call yourself powerful if you cannot arrest an accused?
It is heard that there is a move to make offences under the Customs and Central Excise Acts non-bailable, in the coming budget. The sleuths of the Department are going to get back the power which they always exercised - but which they never had - the power to arrest alleged offenders and send them to jail without bail.
Today we bring you an article from a noted advocate strongly advocating non-bailable status for Customs offences. Please see Guest Column.
Please also see:
1. CAN A CUSTOMS/CENTRAL EXCISE OFFICER ARREST WITHOUT WARRANT? DDT 295
2. WHAT HAPPENS AFTER THE ARREST? BAIL?? DDT 297
3. CUSTOMS OFFENCE IS BAILABLE - NO NEED FOR ANTICIPATORY BAIL - IF ARRESTED, THE ACCUSED SHALL BE ENTITLED TO BE RELEASED ON BAIL IMMEDIATELY : BOMBAY HC
4. MUMBAI HC SAYS CUSTOMS OFFENCE IS BAILABLE
5. BHOSALE A FREE MAN - SC DECLARES ALLEGED CUSTOMS OFFENCE AS 'APPARENTLY' BAILABLE! IS THE APEX COURT RIGHT?
6. IS AN ARREST UNDER CUSTOMS BAILABLE IN
7. IS AN OFFENCE UNDER CUSTOMS ACT BAILABLE? HC GRANTS BAIL ON SECOND APPLICATION
8. BAIL IS RULE; JAIL IS EXCEPTION - INVESTIGATION TO BE COMPLETE WITHIN 60 DAYS; IF NOT COMPLETED, ACCUSED HAS A RIGHT TO BE RELEASED ON BAIL - PERSONAL LIBERTY OF CITIZEN IS A FUNDAMENTAL RIGHT : DELHI HC
9. TO B(AIL) OR NOT TO B(AIL) !
10. NO CUSTODIAL INTERROGATION BY CUSTOMS OFFICERS - ANTICIPATORY BAIL GRANTED : DELHI HC
11. ARREST UNDER CUSTOMS ACT - OFFENCE BEING BAILABLE, ACCUSED HAS A RIGHT FOR BAIL - COURT CANNOT IMPOSE CONDITION OF SURRENDER OF PASSPORT OR BAR ON FOREIGN TRAVEL - BAIL HAS TO BE GIVEN EVEN IF HE IS NOT ABLE TO GIVE SURETY: BOMBAY HIGH COURT
12. CUSTOMS - SUMMONS - ANTICIPATORY BAIL - IMPOSITION OF CONDITIONS BEFORE ARREST NOT LEGAL OR VALID - POWER TO ARREST A PERSON BY A CUSTOM OFFICER IS STATUTORY IN CHARACTER AND CANNOT BE INTERFERED WITH - A PERSON SUMMONED IS BOUND TO COMPLY: SUPREME COURT
13. No Jail - Only Bail in Customs and Excise Offence Cases
14. Customs Offence - Should Smugglers walk off with a bail immediately after arrest?