Calcutta HC Grants Bail to Accused in Customs Act Case after 10 Days’ Further Custodial Investigation [Read Order]
The HC observed that continued detention of petitioner beyond a limited period was unjust
The Calcutta High Court has directed the release of an accused on bail in connection with a case registered under Section 135 of the Customs Act, 1962. The Court also granted the Directorate of Revenue Intelligence ten additional days to complete further investigation.
The matter arose from an application filed under Section 439 of the Code of Criminal Procedure, 1973 and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in Miscellaneous Case No. 197 of 2025. The petitioner was arrested on 27.11.2025 and had remained in judicial custody since then.
Senior Advocate Phiroze Edulji, appearing for the petitioner, contended that he had been falsely implicated as there was hardly any material linking him to the alleged offence.
Opposing the bail plea, counsel appearing for the DRI Authority and the Union of India submitted that the investigation had revealed misdeclaration in respect of the seized goods. The DRI placed reliance on documents collected during the investigation and informed the Court that another accused had been arrested on 01.01.2026, making custodial interrogation of both accused persons necessary.
After considering the statement of the petitioner recorded under Section 108 of the Customs Act, Justice Tirthankar Ghosh observed that even if the entirety of the statement were assumed to be true, the continued detention of the petitioner beyond a limited period was unjust.
Accordingly, the High Court granted ten days’ time from the date of the order to the investigating agency to verify and cross-check materials and carry out necessary investigation. The Court directed the Chief Judicial Magistrate, Calcutta, to release the petitioner on bail on 13.01.2026.
With these directions, the criminal revision petition was disposed of.
