JUDGMENT 1. I have heard learned counsel for the parties. It was contended by the learned counsel for the petitioner that a complaint under Section 123 of the Customs Act has been filed and it was contended that because the seizure was by the Police the offence cannot be punishable for imprisonment for more than three years and even assuming that Section 123 of the Customs Act may be attracted, which according to the learned counsel not attracted, the offence can be punishable for the term upto seven years and larger quantity of gold is not said to have been recovered in this case. At any rate, according to the learned counsel, the case is not punishable with imprisonment for life or death and therefore it does not fall even under the proviso to Section 437 Cr. P. C. what to say, Section 439 Cr. P. C. and the accused is in custody since December 31,1992 and is no longer required for investigation, complaint having been filed. 2. Consequently, I allow this application for bail and direct that the accused petitioner Navaj Mohammed shall be released on bail on his furnishing a personal bond in the sum of र 20,000/- with two sureties each in the amount of र 10,000/- to the satisfaction of the trial court for his appearance in that court or any other court in which he may be required to appear on all dates of hearings and as and when called upon to do so.Bail granted. *******