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Customs - Highlights / Catch Notes

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Seeking pre-arrest bail -The court dismissed the application for ...

Case Laws     Customs

February 29, 2024

Seeking pre-arrest bail -The court dismissed the application for anticipatory bail, emphasizing that the summons issued under Section 108 of the Customs Act were for recording the petitioner's statement in the inquiry. The court clarified that compliance with such summons does not equate to a well-founded apprehension of arrest, as per precedents set by the Supreme Court. The court underscored the principle that the issuance of summons for inquiry under the Customs Act does not necessarily indicate an imminent arrest, thus, not qualifying for anticipatory bail under Section 438 of the CrPC.

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