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TMI Blog2021 (10) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs Act. [2] At the outset, learned advocate Mr.Kshitij Amin has submitted that looking to the prayer made in the present application, the same would not survive as per the law enunciated in the case of Union of India vs. Padam Narain Aggarwal and Others reported in 2009 (1) SCC (Cri) 1. He has placed reliance on the judgment dated 11.09.2020 passed in the case of co-accused in Criminal Misc. Application No.22910 of 2019. [3] Learned Senior Advocate Mr.R.C.Jani appearing for the applicant has submitted that in fact the present applicant is not connected with M/s. PVD Enterprise in any manner. He has further referred to the show-cause notice dated 25.09.2020 in support of his submission. It is submitted that the statement of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per the direction of the applicant, to make the applicant understand that this is a government inquiry and the applicant should honour the DRI summons issued to him. Thereafter, the DRI officers left that place for the office of DRI, Ahmedabad. Another Director of M/s. Barckly Exim Pvt. Ltd. is Shri Abdulmukim Mahmadarif Vohra, who is the owner of M/s. Water Force General Trading LLC., PO Box-83108, Dubai (supplier of the aforesaid old & used MFDs). He was also summoned vide summons dated 20.02.2020, but he had not appeared before DRI, Ahmedabad for recording of his statement. [5] The applicant is seeking anticipatory bail under the provision of Section 438 of the Criminal Procedure Code, 1973 against the summons dated 19.02.2020 issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , accordingly, disposed of by directing the respondents to appear before the Custom Authorities. The Court, however, did not stop there. It stated that even if the Custom Authorities find any non- bailable offence against the applicants (respondents herein), they shall not be arrested "without ten days prior notice to them. 45. In our judgment, on the facts and in the circumstances of the present case, neither of the above directions can be said to be legal, valid or in consonance with law. Firstly, the order passed by the High Court is a blanket one as held by the Constitution Bench of this Court in Gurbaksh Singh and seeks to grant protection to respondents in respect of any non-bailable offence. Secondly, it illegally obstructs, interf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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