2023 (10) TMI 902 - HC - Customs

Permission for withdrawal of present petition - Seeking grant of anticipatory bail - HELD THAT - The petition is dismissed as withdrawn with liberty as sought for.

Summary

Issues involved:
The petition filed u/s 438 Cr.P.C. for anticipatory bail in a complaint u/s 132 and 135 of the Customs Act, 1962.

Judgment Details:

Issue 1: Anticipatory Bail Application
The petitioner sought anticipatory bail in a complaint u/s 132 and 135 of the Customs Act, 1962. The petitioner's counsel argued that the offenses under the Customs Act were non-cognizable at the relevant time as per Section 104(4) of the Act. Citing a relevant case law, it was contended that offenses under the Customs Act were bailable during the period in question. The respondent's counsel, however, informed the Court that a challan had been presented, and the petitioner was avoiding appearing before the trial Court, leading to non-bailable warrants being issued. The respondent requested that the petitioner be directed to approach the Court of Sessions first. The petitioner, in light of the respondent's submissions, prayed for the withdrawal of the petition with liberty to approach the trial Court or Court of Sessions as per the law.

Final Decision:
The Court dismissed the petition as withdrawn, granting the petitioner liberty to approach the trial Court or Court of Sessions as per the law.