IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.334 OF 2009 Jayesh Jain ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Sujay Kantawala, Senior Advocate for Applicant Shri D.P. Adsule and Mrs. M. H. Mhatre - APP for State ---- CORAM: V.M. KANADE J. DATED 23RD JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. It is submitted that the Applicant has been arrested and detained by the Officers of S.I.I.B. on the ground that the goods were declared under three free shipping bills having FOB value of Rs.18,64,499/-. The statement has been named in the remand application. 3. The learned Counsel appearing on behalf of the Applicant submits that the offence in question is a bailable offence and is filed under section 135 (1) (ii) of the Customs Act. The Applicant is in custody since 20th January, 2009. The learned Magistrate has observed that the offence falls under section 135 (i) (c) and, therefore, it is a non-bailable offence. The learned Counsel appearing on behalf of the Applicant submits that no notification has been issued under the said provision in respect of the offences prohibiting the export of these goods. 4. The learned Counsel has invited my attention to the notification, which has been issued under the Customs Act under various sections. However, the notification under section 135(i) (c) has not been issued. The Trial Court, therefore was not justified in coming to the conclusion that the offence is a non-bailable offence. Therefore, prima facie case is made out for grant of bail. 5. The Applicant be released on bail in a sum of Rs.25,000/- with one or two sureties in the like amount. The Applicant shall co-operate with the SIIB Officer and shall report for a period of four days from 27th January, 2009 between 11 a.m. And 2 p.m. as and when called and, initially the Applicant shall furnish cash surety and within two week thereafter the Applicant shall furnish one or two sureties in the like amount. V.M. KANADE J.