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Synopsis

The Patiala House Court has upheld the principle that 'bail is the rule and jail is the exception' in light of Article 21 of the Constitution while granting bail to one Yash Tekwani accused of smuggling e-cigarettes.

Additional Chief Judicial Magistrate Abhishek Kumar, while referencing the judgments of the Apex Court in Sanjay Chandra vs. CBI and Satinder Kumar Antil, reiterated that an accused cannot be detained solely on the basis that an offence has been committed, as the same acts as punitive punishment, which is not mandated by law when considering bail applications.

"The Apex Court has consistently held in several cases that the economic nature or severity of an offence cannot be the sole criterion for denying bail. There are no provisions in the law that prohibit the granting of bail in such circumstances," the court said.

Notably, on August 23, a search and seizure was conducted by the Directorate of Revenue Intelligence (DRI), wherein a large quantity of e-cigarettes and foreign cigarettes were seized from Yash Tekwani's residence in Chandan Hola, Chhatarpur. Following this, the accused was arrested by the DRI in connection with an illegal trade network and e-cigarette smuggling.

During the hearing, Senior Advocate Vikas Pahwa, appearing for the accused (Yash Tekwani), argued before the court that the accused had been falsely implicated in the current case. Pahwa emphasized that the accused was coerced into signing blank pages under the threat of arrest and that statements were extracted from the accused under immense pressure and duress.

Senior Advocate Vikas Pahwa further argued that the accused has been behind bars since August 24, 2024, even though the investigation is completed. Such prolonged detention violates the fundamental right to liberty guaranteed under Article 21 of the Constitution of India.

Refuting the arguments made by the accused, the counsel appearing for the Directorate of Revenue Intelligence(DRI) opposed the bail application citing the gravity of the offence and that the statement of the accused was recorded under section 108 of the Customs Act, which indicates there is evidence that shows involvement of the accused in the said offence. 

While referring to Section 108 of the Customs Act, the court acknowledged the relevance of the statement made under the said section. However, it clarified that alone cannot be a ground to deny bail, provided there are other factors into consideration as well.

Accordingly, the court directed the accused to furnish a bail bond of Rs. 1,00,000/- for his release.

Case Title: Directorate of Revenue Intelligence v Yash Tekwani