IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11423 of 2009 KRISHNA MAHTO & ANR Versus STATE OF BIHAR & ANR ----------- For the petitioners : Mr. Prabhat Ranjan, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For the Customs Dept : None 3 28.5.2009 The two petitioners, truck drivers by profession, are in custody in connection with Special Case No. 2 of 2008 for alleged commission of offences under section 11 of the Customs Act read with section 3(2) of the Foreign Trade ( D & R ) Act on the accusation that huge quantity of betel nuts suspected to be of Third Country Origin and being smuggled were found loaded on their trucks when the trucks intercepted and searched. Whether the betel nuts were of third country origin and being smuggled is a matter of fact required to be proved by cogent evidence. That being the position the petitioner truck drivers cannot be detained in custody, more so when their trucks are hired for transportation of goods from one destination to another. In the facts and circumstances of the case, petitioners Krishna Mahto and Ram Naresh Yadav are directed to be released on bail on each of them furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the learned Special Judge, Economic Offences, Purnea, in connection with Special Case No. 2 of 2008. Spd/- (Abhijit Sinha, J.)