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Assistant Collector of Customs Vs. Fazlu Rahaman Khatri and anr. - Court Judgment

LegalCrystal Citation
SubjectCustoms
CourtKolkata High Court
Decided On
Case NumberCriminal Misc. Case No. 2030 of 1985
Judge
Reported in1988(38)ELT32(Cal)
ActsCustoms Act - Section 104
AppellantAssistant Collector of Customs
RespondentFazlu Rahaman Khatri and anr.
Appellant AdvocateS.M. Sanyal, Adv.
Respondent AdvocateD.K. Dutt, Adv.
Excerpt:
- .....sessions judge, alipore. when the application was taken up for hearing on july 29,1985 the public prosecutor, 24 parganas did not oppose the prayer for bail and the learned judge, after hearing the learned advocate for the accused - opposite party, granted him bail. aggrieved thereby, the assistant collector of customs, preferred this application praying for cancellation of the bail granted to the accused-opposite party.2. while we are in agreement with the learned advocate for the petitioner that the learned judge should not have granted bail to the accused opposite-party without hearing the customs authorities, we do not wish to cancel the bail granted to the accused opposite party having regard to the fact that there is no allegation that he has misused the privilege granted to.....
Judgment:

1. The opposite party herein was arrested by the Customs officials under Section 104 of the Customs Act and was produced before the learned Chief Judicial Magistrate, Alipore on July 25, 1985. The learned Magistrate did not grant bail to the opposite party and aggrieved thereby he preferred an application before the learned Sessions Judge, Alipore. When the application was taken up for hearing on July 29,1985 the Public Prosecutor, 24 Parganas did not oppose the prayer for bail and the learned Judge, after hearing the learned Advocate for the accused - opposite party, granted him bail. Aggrieved thereby, the Assistant Collector of Customs, preferred this application praying for cancellation of the bail granted to the accused-opposite party.

2. While we are in agreement with the learned advocate for the petitioner that the learned Judge should not have granted bail to the accused opposite-party without hearing the Customs Authorities, we do not wish to cancel the bail granted to the accused opposite party having regard to the fact that there is no allegation that he has misused the privilege granted to him. With these observations, we dispose of this application.


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