1 Cri.Revn.Appln.No.2135/09 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.2135 OF 2009 Purshottam Narraindas Atmraramani Occ: Business, Age: 65 yrs., Residing at B-303, Yamuna Apartment, Vasant Sagar, Thakur Village, Kandivali East, Mumbai 40101 ...Petitioner. v. 1 Addl. Commissioner of Cutoms (Air Preventive Unit) Rummaging & Intelligence Wing, Air Cargo Complex, Sahar, Mumbai 2 State of Maharashtra . ...Respondents. Mr. Ganesh D. Jadhav, adv. For the Petitioner. Mr.D.N.Salvi, adv. For the Respondent No.1/Customs. Shri Y.S.Shinde, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : JULY 28, 2010 ORAL JUDGMENT: 1 Rule. Rule made returnable forthwith. Heard the learned counsel for the parties. 2 Petitioner seeks to challenge the direction given by the Additional Sessions Judge in Customs R.A.No.92/2006 to the petitioner 2 Cri.Revn.Appln.No.2135/09 to deposit the passport with the Investigating Officer while granting bail. Petitioner was arrested on the ground that he had imported goods “Atorvastatin Calcium” but he declared the same to be “Calcium Phosphate” and thus, he tried to evade the customs duty amounting to Rs.13 lacs. It is conceded by the learned Senior Standing Counsel for the Customs that offence is bailable. Case is squarely covered by the judgment of this Court in Sultan Kamruddin Dharani v. Union of India 2008 (231) E.L.T. 217 Bombay wherein it was held that no conditions can be imposed while granting bail in the bailable offence in view of the provisions of 436(1)of the Cr.P.C. That judgment has been relied upon in different cases including in Criminal Writ Petition No. 1458/09 Girish Bodra v. The Intelligence Officer and Others decided today only by this Court. 3 Therefore, the petition is allowed. The impugned order directing the petitioner to deposit the passport with the Investigating Officer is hereby set aside. Passport, if already deposited be returned to him. 4 Rule made absolute accordingly. (J.H. BHATIA,J.)