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 under Section 9A of the 1944 Act, are bailable. The Court held that since these offences are non-cognizable, they are also bailable, establishing that the definitions of cognizable and non-cognizable offences under the Code of Criminal Procedure, 1898, apply. The ruling clarifies the legal status of such offences, affirming the right to bail in these cases.