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2018 (1) TMI 1528 - HC - CustomsGrant of interim protection - principles of judicial propriety - HELD THAT:- The prayer for interim protection is rejected placing reliance on the Judgment of the Apex Court in the case of State of Telangana v. Habib Abdullah Jeelani and Others THE STATE OF TELANGANA VERSUS HABIB ABDULLAH JEELANI AND ORS. [2017 (1) TMI 1683 - SUPREME COURT]. It is difficult to appreciate as to how the said judgment would be applicable to the facts of the present case. No doubt, Their Lordships have held that when the High Court while exercising jurisdiction under Article 226 of the Constitution or under Section 482 Cr.P.C. finds that no case is made out for interference, it will not be proper for this Court to pass an order of restraint, restraining the Investigating Agency from arresting the litigants. However, in the preceding sentence itself, Their Lordships observed that when this Court finds that taking into consideration the parameters of quashing and self-restraint, a case is made out for exercising jurisdiction, it may pass interim orders as are found apposite in law. One of the principles on which the Courts are required to function is judicial propriety. When several coordinate Benches of this Court have found prima facie substance in the challenge raised before this Court, in our considered view, it will be against judicial propriety to come to a different conclusion without hearing the Petition on merits. The Petitioner shall not be arrested in connection with the investigations under DRI without following the procedure prescribed under the Criminal Procedure Code - It is however made clear that the Petitioner shall co-operate with the investigation. The Petitioner is directed to remain present before the Respondent-Authority at 10.00 A.M. On 29th January, 2018.
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