Om Prakash & Anr vs Union Of India & Anr

The Supreme Court addressed the question of whether offences under the Central Excise Act, 1944, and the Customs Act, 1962, which are classified as non-cognizable, are bailable. The Court interpreted Section 9A of the Central Excise Act, which explicitly states that such offences are non-cognizable as per the Code of Criminal Procedure, 1898. The Court held that since the definitions of 'cognizable' and 'bailable' offences are not provided in the Acts, reference to the Cr.P.C. is necessary, thereby establishing that non-cognizable offences under these Acts are indeed bailable.