SHAUN STANY NORONHA AND ANR vs UNION OF INDIA AND ANR

Judgment text excerpt

-CRIWP338-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 338 OF 2026 1. Shaun Stany Noronha 2. Sushant Kishor Manna ...Petitioners Versus 1. Union Of India 2. State of Maharashtra …Respondents Mr. Aabad Ponda, Senior Advocate a/w Mr. Bhomesh Bellam, for the Petitioners. Smt. Megha Bajoria, Special PP, a/w Chirag Sawant for the Respondent No.1-UOI. Smt. R. S. Tendulkar, APP for State-Respondent No.2. CORAM: N. J. JAMADAR, J. Reserved On: 3rd FEBRUARY, 2026 Pronounced On: 6th FEBRUARY, 2026 JUDGMENT:- Rule. Rule made returnable forthwith, with the consent of the learned Counsel for the parties heard finally. 1. This petition calls in question the legality and correctness of an order dated 20th January, 2026, passed by the learned ARUN RAMCHANDRA SANKPAL Additional Chief Judicial Magistrate, Mumbai, whereby the Digitally signed by ARUN RAMCHANDRA SANKPAL learned Magistrate declined to release the petitioners on bail Date: 2026.02.07 17:44:23 +0530 holding that the offences for which the Petitioners were arraigned, under Section 135(1)(i) of the Customs Act, 1962 (“the Customs Act”), were non-bailable. 2. The petitioners claim to be the employees of Shiny Shipping and Logistics Pvt. Ltd. (“Shiny Shipping”). Shiny Shipping owns multiple vessels including M. V. Tina 4, which is 1/30 -CRIWP338-2026.DOC an Inland Vessel registered under the Inland Vessels Act, 1917. The said vessel holds a valid licence for transporting petroleum. Shiny Shipping, according to the petitioners, purchases High Flash High Speed Diesel (“HFHSD”) regularly to fuel the engines of the vessels. 3. Pursuant to an intimation, on 17th January, 2026, the officers attached to Rummaging and Intelligence Division of Commissioner of Customs