- (1.) G. Maliya, J. Certified copy of the order dated 15-10-1991 passed by the Special C. J. M. Allahabad on bail application No. 10 of 1991 in respect on the bail of Casmiro Eleterio Silva under Section 13 of the Foreign Exchange Regulation Act read with Sections 111, 104 and 135 Customs Act has been filed by learned counsel for the applicant and the same is being retained on the record.
(2.) LEARNED counsel for the Customs department Sri S. P. Malviya has conceded that baring the provisions of 167, Cr. P. C. the Magistrate has no other power to direct the judicial custody of an accused and his remand even if the person is challenged under the provisions of the Customs Act. He has also conceded that on the face of it, the impugned order dated 15-10-1991 passed by the Special C. J. M. , mentioned above is per se wrong. By my earlier order dated 9th October, 1991, the concerned Magis trate was not required to go into the merit and demerit of the question whether the benefit of Section 167 (2), Cr. P. C. could or could not be extended to the applicant who was in jail in connection with the case under the Customs Act and the Foreign Exchange Regulation Act. I had categorically said that the Magistrate would enquire whether the applicant had been custody for more than opened sixty days, or not, and if the Magistrate found that the applicant had been in custody for a period of more than sixty days and 'yet the chargesheet had not been filed, then the benefit of Section 167 (2), Cr. P. G. may be extended to him. The Magistrate erred in exercise of its jurisdiction by not following the directions contained in the order dated 9-10-1991 and embarked upon an unnecessary enquiry on the point which was not left to be decided by him in view of the orders passed by this court. He should be careful in future and follow the orders passed by the High Court without any demur and with an eye to dispense justice to the parties in accordance with law. Accordingly now the Magistrate concerned is directed to record a clear cut finding on the day when this copy is produced before him by 11'o clock in the morning, whether the chargesheet in the case had been submitted within the period of 60 days or not and once this position is clear that chargesheet had not been submitted within the specified period then he shall grant bail to the applicant on his furnishing two sureties of Rs. 10,000 each and a personal bond in the like amount to the satisfaction of the Special C. J. M. Allahabad. However, it will be open to the Magistrate to verify the sureties who may some forward in support of the applicant. This application is accordingly allowed. Let a certified copy of the order be furnished to the learned counsel for the applicant on payment of usual charges within 48 hours. Application allowed. .;