2021 (4) TMI 1363 - HC - Customs

Seeking grant of anticipatory bail - no approval has so far been sought from the Commissioner (Additional Director General, DRI) for any effective arrest of the applicant for an offence punishable under Section 135 of the Customs Act, 1962 - HELD THAT - It has been submitted on behalf of the applicant thus that in the event of any notice being issued by the DRI, the applicant undertakes to join the proceedings. It is apparent that the present application seeking grant of anticipatory bail is premature and is disposed of accordingly.

Summary

Issues:
Grant of anticipatory bail against summoning notice under Section 108 of the Customs Act, 1962.

Analysis:
The judgment pertains to a bail application seeking anticipatory bail against a summoning notice issued by the DRI under Section 108 of the Customs Act, 1962. The DRI submitted a status report stating that written approval from the Commissioner (Additional Director General, DRI) is required for affecting arrest under Section 135 of the Customs Act, and no such approval has been sought or granted. The applicant, on the other hand, undertook to join the proceedings if a notice is issued by the DRI. Both parties reiterated their positions, with the DRI emphasizing that the application for anticipatory bail is premature without the necessary approval for arrest. Consequently, the court found the application premature based on the submissions and the content of the status report, leading to the disposal of the application for anticipatory bail.

This judgment highlights the importance of obtaining written approval from the appropriate authority for arrest under specific sections of the Customs Act. The court emphasized the requirement of approval from the Commissioner (Additional Director General, DRI) for offenses punishable under Section 135 of the Customs Act, 1962. The applicant's willingness to cooperate and join the proceedings if a notice is issued was noted, but the court ultimately found the anticipatory bail application premature due to the absence of the required approval for arrest. The decision underscores the procedural aspect of seeking anticipatory bail in cases involving customs offenses and the significance of complying with the statutory requirements for arrest under the Customs Act.

Overall, the judgment provides clarity on the procedural aspects of seeking anticipatory bail in customs-related cases and underscores the necessity of obtaining written approval from the designated authority for affecting arrest under specific sections of the Customs Act. The court's decision to dismiss the anticipatory bail application as premature serves as a reminder of the importance of adhering to statutory procedures and requirements in legal proceedings, particularly in matters involving customs offenses. The case serves as a practical example of how compliance with procedural formalities and statutory provisions is crucial in seeking legal remedies such as anticipatory bail in criminal matters related to customs laws.