Facts of the Case

This is a Customs Act case with no GST content whatsoever; 'GST Bhavan, Basheerbagh' is mentioned only because that building happens to house the Customs (Preventive) Commissionerate that registered the case. The petitioner was arrested on 12 August 2023 at Hyderabad airport while attempting to pass through customs without declaring gold in his possession. Customs officials recovered 1793.50 grams of gold valued at Rs. 1,08,81,165/-, and a case was registered against him under Section 135 of the Customs Act, 1962. He filed this petition under Sections 437 and 439 of the Code of Criminal Procedure seeking regular bail.

Issues Involved

  1. Whether the petitioner, apprehended in possession of a substantial quantity of undeclared gold, was entitled to regular bail pending trial.

Petitioner's Arguments

The order does not record detailed submissions beyond the bail application itself; the plea for regular bail was made on the standard grounds available under Sections 437 and 439 CrPC, including that investigation was substantially complete.

Respondent's Arguments

No detailed opposition is recorded beyond the customs authorities' case that the petitioner was apprehended attempting to clear customs without declaring the seized gold.

Court Order / Findings

  • The Court noted that the maximum punishment for the offence under Section 135 of the Customs Act was seven years, that the petitioner had been caught red-handed by customs officials, and that most of the investigation was already complete.
  • On this basis, regular bail was granted, subject to conditions including execution of personal bonds of Rs. 50,000/- with two sureties, weekly reporting to the local police station for eight weeks or till the charge sheet is filed (whichever is earlier), and compliance with the other conditions under Section 437(3) CrPC.

Important Clarification

This order has nothing to do with GST law or GST offences; it is a routine bail order in a Customs Act prosecution for undeclared gold at the airport, and should not be read as bearing on any GST enforcement matter.

Sections Involved

  • Customs Act, 1962 — Section 135
  • Code of Criminal Procedure, 1973 — Sections 437 and 439

Decision – In Favour of

Decided in favour of the petitioner to the extent of grant of regular bail on conditions; the order does not touch upon, and is unrelated to, GST law.

Case Details

Court: High Court for the State of Telangana at Hyderabad
Case No.: Criminal Petition No. 8923 of 2023
Coram: Hon'ble Sri Justice K. Surender
Date of Order: 21 September 2023

Link to Download the Order

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