Easier bail for evaders of customs, excise duty
The Supreme Court has ruled that offenses under the Customs Act and
the Central Excise Act are non-cognisable and bailable. In
non-cognisable offenses, the police have no authority to arrest a person
without warrant. The central government argued in the case of Choith
Harchandani vs Union of India, that the offenders under these two laws
were not entitled to bail, quoting the Criminal Procedure Code. The
court rejected the government’s arguments and allowed the appeals of the
alleged offenders about arrest and bail. There were several appeals
from high courts in excise and customs cases. All the offenders under
these two laws were ordered to be released.
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