Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010001922025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./29/2025 SHRI KANAK BHATI S/O KAILASH CHANDRA BHATI, VILLAGE NATUN NAGAR, PS AIRPORT, DIST WEST TRIPURA, TRIPURA, 799009 VERSUS THE UNION OF INDIA REP BY INTELLIGENCE OFFICER SHRI DEBAJIT BAISHYA, ANTI SMUGGLING UNIT, GUWAHATI, CUSTOM DIVISIONS. Advocate for the Petitioner : MS. J BAISHYA, MR. V KUMAR Advocate for the Respondent : SC, CUSTOMS,
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025
Heard Ms. J. Baishya, learned counsel appearing for the accused petitioner as well as Mr. S.C. Keyal, learned standing counsel, Customs Department representing the respondent. Page No.# 2/3
By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Sri Kanak Bhati, has prayed for grant of bail in connection with Customs Case No.27/CL/IMP/AS/GAU/2024-25 dated 09.12.2024 under the Customs Act, 1962. The matter relates to recovery and seizure of gold items from the possession of the accused petitioner. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 45 days since his arrest on 09.12.2024. The Guwahati Railway Police has seized some gold items from the possession of the petitioner. Considering the length of detention, the petitioner may be enlarged on bail. On the other hand, learned standing counsel, Customs Department representing the respondent, submits that further custodial interrogation of the petitioner may not be required for the purpose of the investigation of the case. In view of the submission of learned counsel for both the parties and also considering the fact that nothing remains to investigate in the matter as well as considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.30,000/- with two suitable sureties of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M).
The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup(M) without prior written permission from him/her;
Page No.# 3/3 (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant