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2015 (3) TMI 1181 - HC - Central ExciseMisappropriation of government money - Seeking direction to release on bail in the event of arrest - Neither paid dues towards service tax nor provided requisite details to the department - Appellant did not joined the investigation also - Respondent submitted that the application is pre-mature as even no order for arrest of the applicant has been passed by the competent authority and if that being so, there is no apprehension of arrest of the applicant. Held that:- as per circular number 974/08/2000-CX, the power to arrest a person needs to be exercised with utmost caution. Before arresting a person requisite permission from the competent authority is required. In the instant case so far no such permission has been granted by the competent authority. That being so, the applicant has no apprehension of arrest, as such, the application is premature. Moreover, no direction for issuing notice to the applicant in case of his arrest can be given in view of the observations of the Supreme Court in Union of India v Padam Narayan etc. [2008 (10) TMI 1 - SUPREME COURT]. Also this view was reiterated in Union of India and another v Ashwani Aggarwal and followed by this Court in Department of Customs v Arvinder Singh [2007 (5) TMI 558 - DELHI HIGH COURT]. Therefore, the application being premature is dismissed and the interim protection granted to the applicant stands vacated. - Application disposed of
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