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2019 (4) TMI 1846 - HC - CustomsGrant of anticipatory Bail - Smuggling - filter cigarettes of foreign origin - person summoned under Section 108 of the Customs Act - specific contention of the Learned Senior Counsel for the petitioner is that, petitioner is absolutely innocent and that though he was summoned invoking Section 108 of the Customs Act, he apprehends that immediately after his questioning he is liable to be arrested - HELD THAT - The Hon'ble Supreme Court in UNION OF INDIA VERSUS PADAM NARAIN AGGARWAL ETC. 2008 (10) TMI 1 - SUPREME COURT had specifically dealt with granting of anticipatory bail to a person summoned under Section 108 of the Customs Act and held that it was premature in nature. The anticipatory bail application is not sustainable and is liable to be dismissed - application dismissed.
Issues:
Apprehension of arrest under Section 135 of the Customs Act based on smuggling allegations, Petitioner's innocence and false implication, Premature anticipatory bail application, Legal position on summoning under Section 108 of the Customs Act, Precedents of Supreme Court and High Court on anticipatory bail in similar situations. Analysis: The judgment by the High Court of Kerala dealt with the apprehension of arrest of the petitioner under Section 135 of the Customs Act due to allegations of involvement in smuggling activities. The Directorate of Revenue Intelligence had received information about the smuggling of filter cigarettes of foreign origin concealed within imported cargo. The petitioner was issued a notice under Section 108 of the Customs Act to appear before the authorities regarding his alleged involvement in the crime. The petitioner, through his counsel, contended that he was innocent and falsely implicated in the matter based on the confession of co-accused individuals. The petitioner sought anticipatory bail apprehending arrest after being questioned by the authorities. However, the Court below considered the bail application premature citing legal precedents such as Union of India v. Padam Narain Aggarwal and Others, Romesh Chandra Mehta v. The State of West Bengal, and Kishin S. Loungani v. Union of India and Ors. The Learned Senior Counsel for the petitioner argued that the summoning was a tactic to coerce the petitioner into providing self-incriminating evidence for his potential arrest. The Learned Special Prosecutor opposed the anticipatory bail application, emphasizing that the petitioner was not yet an accused, and therefore, the application was premature. Referring to the Supreme Court's decision in Romesh Chandra Mehta's case, it was highlighted that summoning under Section 108 of the Customs Act was primarily for questioning and did not establish the individual as an accused. The judgment also mentioned a similar case of Kishin S. Loungani, where a Division Bench of the Court addressed a comparable issue but in a different context. Ultimately, the High Court relied on the settled legal position, including the Supreme Court's decision in Padam Narain Aggarwal's case, to dismiss the anticipatory bail application, stating that it was not sustainable. The Court concluded that granting anticipatory bail to a person summoned under Section 108 of the Customs Act was premature, leading to the dismissal of the bail application.
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