Case Note & Summary
The petitioner, Kelsi Katte Mahammed Shakir, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in connection with O.R.No.16/2018-19 CUS AIU registered by the Superintendent of Customs, Air Intelligence Unit, Bengaluru International Airport, for offences punishable under Sections 9 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Sections 114 and 135 of the Customs Act, 1962. The petitioner was accused of smuggling contraband. The court heard arguments from the petitioner's counsel, Sri. Lethif B., and the respondent's counsel, Sri. Vikram A. Huilgol, Central Government Senior Standing Counsel. The court noted that the petitioner was not required for custodial interrogation and that the recovery of contraband had been made. Considering the nature of the offence and the fact that the petitioner was in custody, the court allowed the bail petition. The petitioner was ordered to be released on bail upon executing a personal bond of Rs. 2,00,000 with two sureties of the like amount, subject to conditions including appearing before the court as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Law - Bail - Section 439 Cr.P.C. - NDPS Act, 1985, Sections 9 and 23 - Customs Act, 1962, Sections 114 and 135 - Petitioner-accused sought bail for alleged smuggling of contraband - Court considered the nature of the offence, recovery of contraband, and the fact that the petitioner was not required for custodial interrogation - Held that the petitioner is entitled to bail subject to conditions (Paras 1-4).
Issue of Consideration
Whether the petitioner-accused is entitled to be enlarged on bail for the offences punishable under Sections 9 and 23 of the NDPS Act and Sections 114 and 135 of the Customs Act, 1962.
Final Decision
The petition is allowed. The petitioner shall be released on bail on executing a personal bond of Rs. 2,00,000 with two sureties of the like amount to the satisfaction of the trial court. Conditions: (i) The petitioner shall appear before the court as and when required; (ii) He shall not tamper with the prosecution evidence; (iii) He shall not leave the jurisdiction of the court without prior permission.
Law Points
- Bail under Section 439 Cr.P.C.
- NDPS Act Sections 9 and 23
- Customs Act Sections 114 and 135
- Prima facie case
- Custodial interrogation
- Recovery of contraband
