9911796707
TMI Blog2023 (6) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... dients of Section 438 Cr.P.C. are not attracted. As far as the contention of learned counsel for the petitioner that two summons were issued to the petitioner dated 22.08.2022 and 12.09.2022, as an accused is concerned, it is opined that summons have been issued only for the inquiry purposes as a witness and not as an accused. Keeping in view the totality of the facts, submissions made and the reply filed by learned senior standing counsel for the respondent/DRI and also relying on the order dated 06.04.2021 passed by the co-ordinate Bench of this Court, the present bail application is pre mature and, accordingly, dismissed as not maintainable. - HON'BLE MR. JUSTICE RAJNISH BHATNAGAR For the Petitioner : Mr. Manish Pratap S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel for the petitioner that the present bail application is pre-mature. It is further submitted by him that the powers under Section 104 of the Customs Act,1962 is statutory in nature which can only be exercised on behalf of the Department under the order of the Principle Commissioner or the Commissioner of Customs, solely in those circumstances when he has reason to believe that any person in India has committed an offence punishable under Sections 132,133,135,135A or Section 136 of the Customs Act, 1962. It is further submitted that for affecting arrest of anybody for offences punishable under the Customs Act, 1962, a written approval of the competent authority i.e., Commissioner of Customs/Principal/Additional Director, DRI is r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oval of the Commissioner (Additional Director General, DRI) is required. So far, there is not even such proposal, what to speak of approval of the Commissioner /Additional Director General, DRI. Thus, the application for anticipatory bail itself is premature and thus, is not maintainable. It has been submitted on behalf of the DRI that DRI reiterates the said contention as put forth in para 5 adverted to hereinabove to the effect that the application for anticipatory bail is presently premature in as much as 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. It has been submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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