2024 (12) TMI 1523 - HC - Customs

Seeking grant of bail - smuggling of cigarettes - challenge to summons issued under Section 108 of the Customs Act 1962 - HELD THAT - This Court clearly stated in Annexure A14 judgment that the petitioners are bound to appear before the Customs Officers based on summons. After the dismissal of W.P(Crl).No.1307/2024 on 02.12.2024 this bail application is filed on the same day. It is opined that when a notice is issued under Section 108 of the Customs Act the petitioners are bound to appear before the Customs Officials. After approaching this Court by filing a Writ Petition challenging the notice issued under Section 108 of the Customs Act which is not entertained by this Court it is not proper on the part of the petitioners to approach this Court with a bail application. This Court in Annexure A14 judgment clearly stated that the petitioners are bound to appear before the Customs Officer. This bail application need not be entertained - Bail Application is dismissed.

Summary

In the judgment delivered by the Kerala High Court, presided over by Justice P.V. Kunhikrishnan, the petitioners sought bail due to an apprehension of arrest following a notice issued by Customs officials. The 1st petitioner is the Managing Director and the 2nd petitioner is the Manager of DXBL Traders Private Limited, a company involved in exporting vegetables and importing petroleum products. The petitioners were implicated after Customs officials seized 64 drums of smuggled cigarettes concealed among bitumen drums purchased from A.K. Traders.The petitioners challenged the summons issued under Section 108 of the Customs Act, 1962, which required them to appear before the customs officer. The writ petition against these summonses was dismissed, as noted in Annexure A14, which emphasized that the petitioners "are bound to appear before the customs officer" and could present their defenses there.The court reiterated its stance from the previous judgment, stating that the petitioners must comply with the summons under Section 108 of the Customs Act. Consequently, the court found it improper for the petitioners to seek bail immediately after the dismissal of their writ petition and thus dismissed the bail application.