Page 152 - ELT_15th June 2020_VOL 372_Part 6th

830 EXCISE LAW TIMES [ Vol. 372

2020 (372) E.L.T. 830 (All.)
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Jayant Banerji, J.
CHAMAN KUMAR SHAH
Versus
UNION OF INDIA
Criminal Misc. Bail Application No. 5031 of 2020, decided on 27-2-2020
Bail - Evasion of duty - Market price of seized gold not exceeding one
crore of rupees - No allegations that seized gold belonged to category of pro-
hibited goods duly notified by Central Government or that evasion or at-
tempted evasion of duty exceeded fifty lakh rupees - Fraud also not alleged -
Offence bailable offence - Bail to be granted on furnishing personal bond with
two sureties - Sections 104 and 135 of Customs Act, 1962 - Section 436 of Code
of Criminal Procedure, 1973. - To demonstrate that the offence of which the applicant
is accused of is cognizable, the prosecution is required to demonstrate that the goods that
are recovered are prohibited or that the evasion or attempted evasion of duty exceeds fifty
lakh rupees. Moreover, to demonstrate that the offence is non-bailable, the prosecution
has to demonstrate that the offence punishable under Section 135 of the Customs Act
relates to any one of the four clauses mentioned under sub-section (6) - Right to claim
bail as provided under Section 436 of Cr.P.C. in a bailable offence is an absolute and in-
defeasible right and in such offences there is no question of discretion in granting bail.
[paras 9, 13, 14, 15, 16]
Application allowed
CASES CITED
Atul Kumar Soni v. Union of India — Criminal Misc. Bail Application No. 48198 of 2019,
decided on 6-1-2020 by Allahabad High Court — Relied on ............................................. [Paras 5, 15]
Rasiklal v. Kishore Khanchand Wadhwani — AIR 2009 SC 1341 — Relied on .............................. [Para 15]
Vineet Agrawal v. Union of India — Criminal Misc. Bail Application No. 42111 of 2019,
decided on 28-11-2019 by Allahabad High Court — Referred ............................................. [Paras 6, 7]
REPRESENTED BY : Shri Ayush Khanna, Counsel, for the Appellant.
Shri Ramesh Chandra Shukla, Counsel, for
the Respondent.
[Order]. - Heard Shri Ayush Khanna, Learned Counsel for the applicant
and Shri Ramesh Chandra Shukla, Learned Counsel appearing for the Union of
India.
2. A counter affidavit has been filed today on behalf of the Union of In-
dia, which is taken on record.
3. This bail application has been filed to release the applicant on bail in
case Crime No. NIL of 2019 under Section 135 of Customs Act, P.S. G.R.P. Pandit
Deendayal Upadhyaya Junction.
4. As per the panchnama that has been enclosed as Annexure No. 1 to
the bail application, on 9-12-2019, four gold bars were recovered from the posses-
sion of the applicant weighing 1749.910 grams having a total value of Rs.
67,19,655/-. The gold recovered from the possession of the applicant was seized
EXCISE LAW TIMES  15th June 2020  152