Case Law Details
Vijay Baid Vs Assistant Director (Chhattisgarh High Court)
From perusal of Section 135 of the Act, 1962, it is evident that the punishment for committing offence under Section 135 of the Act, 1962, is upto seven years. Learned counsel for the petitioners relying upon the provisions of this Act, would submit that as per Section 135 (1)(b) of the Act, 1962, the case of the petitioners is squarely covered in clause 3 of recommendation issued by the High Power Committee, which provides that the under trial prisoners (UTPs)/ Remand Prisoners (with respect to whom, charge sheet are yet to be filed), who are in custody for 15 days or more, facing trial in a case which prescribes a maximum sentence of 7 years or less shall be released, whereas it reflects from clause 5 & 6 of the recommendation as mentioned above that person belong to the under trial prisoners category even if following in the above criterion should not be considered for release. The under trial prisoners, who are facing trial under Prevention of Corruption Act/ Prevention of Money Laundering Act, 2002 and cases investigate by CBI/ED/NIA/ Special Cell, Crime Branch, SFIO, Terror related cases, Riot cases, under Anti-National Activities and Unlawful Activities (Prevention) Act etc., are not entitled to be released.
From perusal of record and the material collected in case diary submitted by the investigating authority, prima facie shows the involvement of the petitioners in alleged offence of smuggling of gold. The petitioner No. 1- Vijay Baid is also facing proceeding under Section 124 of the Customs Act by the Directorate of Revenue Intelligence, Lucknow Zonal Unit, Lucknow dated 22.02.2020 and for that the investigation is under progress. The show cause notice has been issued without prejudice to any other action that may be taken against the persons/ persons under any other law for the time being in force including the Customs Act, 1962. This prima facie establishes that the petitioners are habitual offenders. The diary statement of the witnesses also prima facie indicates that the petitioners are very much involved in smuggling of gold and silver, which is injurious to economic growth of the nation. The case diary further reflects that investigation is in a primary stage. It may take some time and their custodial remand is very much required for further investigation. The investigation has not been completed and since they are big financial resource persons, possibility of influencing the witnesses, cannot be ruled out. The investigation with regard to their involvement in other offence related to economic offence is also to be investigated.
The possibility of the accused /petitioners absconding or otherwise defeating or delaying the course of justice, reasonable apprehension of witnesses being threatened or influenced or of evidence being tempered, therefore, the petitioners are not entitled to get benefit from order of the Supreme Court and the recommendation of the High Power Committee.
The Chief Judicial Magistrate, Raipur has not committed any error in rejecting the application of the petitioners for grant of interim bail, warranting interference of this Court.
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