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TMI Blog2003 (9) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... tory bail ought to be granted. We leave open this question to be decided by the High Court. We also leave open the question whether at this distance of time there is any need at all for the investigating agency to arrest the respondents. - 1123 of 2003 - - - Dated:- 9-9-2003 - N. Santosh Hegde and B.P. Singh, JJ. [Order]. - Heard learned Counsel for the parties. 2.Leave granted. 3.Apprehending an arrest by the appellants for an offence under Section 104 of the Customs Act, 1962, the respondents moved an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail before the High Court of Judicature at Bombay. The said application came up before the Vacation Bench of the High Court on 2-1-2002 when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detention law and has completed the said period of detention and he has been regularly cooperating with the investigating agency hence there may not be any need at all for his custodial interrogation. It was also argued that the second respondent is a lady who was not at all involved in the business of the firm hence her custodial interrogation is also wholly unnecessary. Similar argument has been advanced on behalf of 3rd respondent. Learned Counsel appearing for the respondent further argued that the officials of the Directorate of Revenue Intelligence (2nd appellant herein) have no authority in law to seek custodial interrogation therefore the above appeal ought to be dismissed. 6.We are not inclined to go into the merits of the claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n opportunity to file. Even the argument that the learned Counsel for the Department had no objection for the grant of bail also cannot be accepted because in this regard this is what the Court has observed in the impugned order : "As there is no objection for granting the anticipatory bail to applicant Nos. 2 and 3 keenly, their case would be totally different." (emphasis supplied). From this we are unable to come to the conclusion that learned Counsel for the 2nd appellant did not have any objection at all because in the eye of law there is either an objection or no objection at all and there is no such thing as keen, weak, or strong objection. 7.Since we are satisfied that while deciding the application for grant of anticipatory bail t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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