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2019 (5) TMI 1303 - HC - CustomsBail application - specific allegation is that the applicant herein, while holding a high office in the office of customs, collected Passenger Manifest Data from from Airline Operators and handed it over to the licensee to enable them to manipulate their sales data in respect of foreign made foreign liquor sold by them from the duty free shops - HELD THAT:- The allegations against the applicant, cannot, at this stage, be stated to be frivolous or vexatious. Certain incriminating materials are produced before this Court showing his complicity. The contention of the learned senior counsel appearing for the applicant that his personal relationship with the licensee and their employees cannot have any bearing in the facts and circumstances cannot be accepted. A deeper probe into the allegations are not warranted at this stage. The notice having been issued by a senior officer, the applicant will have to appear and comply with the directions. His apprehension that he would inevitably be arrested and tortured appears to be misconceived. The power to arrest is circumscribed by objective considerations and cannot be exercised on whims, caprice or fancy of the officer. The nature and gravity of the allegations are such that I am not persuaded to arm the applicant with an order of anticipatory bail. Application dismissed.
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