GULAM HUSAIN Vs. CUSTOMS AND CENTRAL EXCISE DEPTT.

JUDGEMENT

(1.) Heard So far as the question of jurisdiction of the permanent Bench of the Jaipur High Court is concerned. I am of the view that it has jurisdiction because the offence is not a cognizable offence & the complainant can only be filed in the concerned Court at Jaipur which has territorial jurisdiction over the State. The case, therefore arises from Jaipur District.

(2.) The petitioner was arrested by the customs authorities on 12th Feb. 1991 and was produced before the Magistrate. As already stated, the offence under the Customs Act, 1962 is not a cognizable offence. Under subsection (3) of Sec. 104, even the officer of the custom has the power to enlarge the person arrested on bail. If he does not enlarge the person arrested on bail, he has to produce the person arrested without unnecessary delay before a Magistrate. There is no power given in the Act, to the Magistrate to remand the person arrested to judicial custody. Sec. 167 of Code of Criminal Procedure does not apply. That Sec. applies to an investigation carried out by an officer incharge of Police Station.

(3.) I, therefore, allow this application and order that the petitioner will subject to his furnishing personal bond in the sum of Rs. 50,000.00 (Rs. fifty thousands) with two sureties in the sum of Rs. 25,000.00 each to the satisfaction of the Judicial Magistrate, Economic Offences, Jaipur to appear before him whenever called upon to do so, be released on bail.