IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36900 of 2010 1. BABLOO CHAURASIA 2. VIJAY KUMAR CHAURASIA, BOTH SONS OF SRI RAM MURAT CHAURASIA, BOTH RESIDENT OF VILLAGE-BARUA, P.O.-RANIPUR, P.S.-LAMBUA, DISTRICT-SULTANPUR (U.P.) 3. MD. WASIM SIDDHIQUI, SON OF NURUL HAQUE SIDDHIQUI, RESIDENT OF VILLAGE-SHANKARPUR, P.S.-LAMBUA, DISTRICT-SULTANPUR (U.P.) 4. MAQSOOD ALI SIDDHIQUI, SON OF SH. MASOOQUE ALI SIDDHIQUI, RESIDENT OF VILLAGE-SULEMAN PARWATPUR, P.O.-LAKKIPUR KAPSA, P.S.- ASPUR DESARA, DISTRICT-PRATAPGARH (U.P.) 5. SABU ALI, SON OF AZARUDDIN, RESIDENT OF VILLAGE-BELAGURI, P.O. & P.S.-HUZAI, DISTRICT-NAWGAON. 6. INDRAJEE MAHANTO, SON OF SRI RAVINDRANATH MAHANTO, RESIDENT OF VILLAGE-BHUTKARANJOT, P.O. & P.S.-NAALBARI, DISTRICT-DARJEELING (WEST BENGAL). …..Petitioners. Versus THE UNION OF INDIA THRU.ASSI.COMM. …..Opposite Party. For the Petitioners : Shri Rana Pratap Singh, Senior Advocate For the Union of India : Mrs. Archana Sinha, Advocate ----------- 07/ 18.03.2011 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the Union of India. Six petitioners namely Babloo Chaurasia, Vijay Kumar Chaurasia, Md. Wasim Siddhiqui, Maqsood Ali Siddhiqui, Sabu Ali and Indrajeet Mahanto are accused of the case registered under Section 135 of the Customs Act, 1962. The officers of the Custom department have seized trucks carrying Betel Nuts. Few of the seized articles has been mentioned in the complaint itself. 2 From one truck bearing Regn. No. NLOSD - 7322 of Rs. 15,00,000/-, from second truck bearing Regn. No. NLOSD - 7321 of Rs. 16,08,000/-, from third truck bearing Regn. No. NLOSD - 7322 (ten wheeler) of Rs. 14,00,000/- and from fourth truck bearing Regn. No. NLOSD - 7321 (ten wheeler) of Rs. 14,00,000/- Betel Nuts were seized. Submission is that provision of Section 135 of the Customs Act mandates that if the seizure is below than Rs. 1 Crore then the offence becomes bailable. Reliance has been placed on order of this Court dated 07.01.2011 passed in Cr. Misc. No. 40900 of 2010 and it has been submitted that in view of the judgment the petitioners are entitled to release on bail. Learned Counsel appearing on behalf of Union of India has opposed the prayer for bail of the petitioners. Considering the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two 3 sureties of the like amount each to the satisfaction of the Presiding Officer (Special) Economic Offences, Muzaffarpur in connection with Customs Case No. 7 of 2010 on the condition that each bailors should be local and substantial. kksinha/- (Shyam Kishore Sharma, J.)