Arrest under Customs Act – bailable?

By Vijay Kumar

High Courts are divided on the issue. While Bombay High Court feels that the offences under the Customs Act are bailable, the Delhi High Court does not think so. And the Supreme Court is yet to decide the issue. Today we are carrying two judgements of the Bombay High Court holding that such offences are bailable.

So the position is if somebody is arrested under the Customs Act in Delhi, he may not get a bail, but if he is arrested in Maharashtra, he is sure to get bail. And in the rest of the states – we have to wait and watch!