OM PRAKASH & ANR. versus UNION OF INDIA & ANR.

OM PRAKASH & ANR. versus UNION OF INDIA & ANR.

Offences arising under the Central Excise Act, 1944 and the Customs Act, 1962 are statutorily classified as non-cognizable, and, as per their specific provisions, are also bailable. Officers under these Acts have powers to grant bail upon arrest, reflecting the legislative intent to treat these offences as bailable,...

Source-derived case information.

Parties
Petitioner: Om Prakash & Anr.; Respondent: Union of India & Anr.
Jurisdiction
India
Judgment Date
30 September 2011
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Writ petitions allowed
Legal Topics
Bail, Non Cognizable Offences, Customs, Excise, Arrest Powers
Criminal Law Taxation Law Bail Non Cognizable Offences Customs Excise Arrest Powers

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Parties

Om Prakash & Anr.

Petitioner

Union of India & Anr.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Whether offences under the Central Excise Act, 1944 and Customs Act, 1962 are non-cognizable and bailable

Ratio Decidendi

Offences arising under the Central Excise Act, 1944 and the Customs Act, 1962 are statutorily classified as non-cognizable, and, as per their specific provisions, are also bailable. Officers under these Acts have powers to grant bail upon arrest, reflecting the legislative intent to treat these offences as bailable, overriding general Cr.P.C. provisions.

Court Disposition

Writ petitions allowed

Orders

  • It is held that offences under Section 135 of the Customs Act, 1962 and Section 9 of the Central Excise Act, 1944 are bailable.
  • If a person arrested under these provisions offers bail, he shall be released on bail in accordance with sub-section (3) of Section 104 of the Customs Act, 1962 unless wanted for any other offence.