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2019 (5) TMI 1303 - HC - CustomsBail application - specific allegation is that the applicant herein, while holding a high office in the office of customs, collected Passenger Manifest Data from from Airline Operators and handed it over to the licensee to enable them to manipulate their sales data in respect of foreign made foreign liquor sold by them from the duty free shops - HELD THAT - The allegations against the applicant, cannot, at this stage, be stated to be frivolous or vexatious. Certain incriminating materials are produced before this Court showing his complicity. The contention of the learned senior counsel appearing for the applicant that his personal relationship with the licensee and their employees cannot have any bearing in the facts and circumstances cannot be accepted. A deeper probe into the allegations are not warranted at this stage. The notice having been issued by a senior officer, the applicant will have to appear and comply with the directions. His apprehension that he would inevitably be arrested and tortured appears to be misconceived. The power to arrest is circumscribed by objective considerations and cannot be exercised on whims, caprice or fancy of the officer. The nature and gravity of the allegations are such that I am not persuaded to arm the applicant with an order of anticipatory bail. Application dismissed.
Issues:
1. Application filed under Section 438 of the Cr.P.C for pre-arrest bail by a serving Superintendent of Central Excise and Customs. 2. Allegations of complicity in illegal activities related to duty-free shop operations and evasion of customs duty. 3. Non-compliance with summons issued under Section 108 of the Customs Act. 4. Legal considerations regarding power of arrest by Custom Officers and the need for compliance with directions. Analysis: Issue 1: Application for Pre-arrest Bail The applicant, a Superintendent of Central Excise and Customs, filed an application under Section 438 of the Cr.P.C seeking pre-arrest bail after being served with a notice under Section 108 of the Customs Act. The notice required his appearance in connection with an investigation into alleged illegal activities at a duty-free shop. The applicant approached the Sessions Judge for relief, which was denied, leading to the current petition. Issue 2: Allegations of Illegal Activities The allegations against the applicant involve his alleged involvement in facilitating the evasion of customs duty by providing Passenger Manifest Data to a duty-free shop licensee. The Customs Department conducted a preliminary investigation revealing discrepancies and violations, indicating significant evasion of customs duty. The applicant's close association with the licensee, including communication through personal email and WhatsApp, raised suspicions of complicity in manipulating sales data. Issue 3: Non-Compliance with Summons Despite multiple summons issued under Section 108 of the Cr.P.C, the applicant failed to appear before the investigating officer. The non-compliance with the summons raised concerns about the applicant's willingness to cooperate with the investigation and comply with legal directions. Issue 4: Legal Considerations on Power of Arrest The judgment highlighted the statutory power of Custom Officers to arrest individuals believed to have committed specific offences under the Customs Act. The power of arrest is circumscribed by objective considerations and must not be exercised arbitrarily. The judgment emphasized the need for individuals summoned under Section 108 to comply with directions and the lawful process, ensuring safeguards for individual freedom and liberty. The court dismissed the application for anticipatory bail, citing the gravity of the allegations and the need for the applicant to comply with the investigation. In conclusion, the judgment denied the application for pre-arrest bail, emphasizing the seriousness of the allegations, the applicant's non-compliance with legal summons, and the statutory framework governing the power of arrest by Custom Officers. The court's decision underscored the importance of cooperation with investigations and adherence to legal procedures in such cases.
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