IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1677 OF 2008 CRIMINAL APPLICATION NO. 1677 OF 2008 CRIMINAL APPLICATION NO. 1677 OF 2008 Mohammed Azumuddin Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. H. K. Prem with Mr. A. M. Sachavani, for the applicant. Mr. J. P. Yagnik, A.P.P. for the State, respondent No.1.. Mr. H. V. Mehta, APP for the respondent No.2. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 10th JUNE, 2008. DATED: 10th JUNE, 2008. DATED: 10th JUNE, 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard the learned counsel for the applicant and the learned APP for the respondents. Applicant is seeking bail in R.A. No. 42 of 2008 under Section 135 of the Customs Act-produced before the Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai. 2. The learned counsel for the applicant submits that customs officers stopped the barge carrying 51 MTs of High Speed Diesel valued at Rs.17,85,000/-which was being carried from one Indian shore to another. - 2 - He thus submits that no offence could be said to have been committed by the present applicant. He further submits that the goods in question do not fall within the concept of S. 123(2) of the Customs Act and that the goods are not prohibited goods. He therefore, submits that the offence in question could at the most be a bailable offence. 3. Mr. H. V. Mehta, learned counsel appearing for the respondent No. 2 tried to oppose this application by contending that the goods are prohibited goods under the Customs Act. However, he could not take his submission to the logical end. 4. At this stage, it is not necessary to decide whether offence is bailable or otherwise, since, I am inclined to grant bail to the applicant on the merits since the goods could not be proved to be prohibited goods. 5. The applicant be enlarged on bail on executing personal bond in the sum of Rs.50,000/- with one or two local sureties to make up the said amount. The applicant is directed to appear for interrogation on every Friday between 3 to 5 p.m. before the investigation officer and to cooperate with him. In - 3 - addition to this, he should remain present before the investigating officer as and when called. He is expected to cooperate with the investigating agency. 6. The applicant shall also deposit his passport with the trial Court. Needless to mention that breach of any of these conditions may result in cancellation of the bail. Sd/- [ V. C. DAGA, J.]