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2021 (9) TMI 1044 - HC - CustomsCriminal complaint for offence u/s 132, 35 (1)(i)(A) & 135(1)(i)(C) of Customs Act - Export of restricted goods by misdeclaring as different goods - Money Laundering - Scheduled Offence - ECIR was not given to the present petitioner - HELD THAT:- This Court finds that the proceedings in question are at a very nascent stage, and the learned Additional Solicitor General has categorically submitted that the present petition itself is premature at this stage, as it is only a stage of issuance of summons, and the petitioner do not qualify as a person aggrieved; but at the same time, when question was posed to the learned Additional Solicitor General that whether any chances of arrest are there, he fairly submitted that Section 19 of the Act of 2002 empowers them to make an arrest, and thus, there cannot be a denial of seeking invocation of the said provision of law. Since it is an accepted position that no offence has been found to be made out against the present petitioner until now and no material so as to make such arrest is available on record till date, therefore, the present stay petition is disposed of, with a direction to the petitioner to immediately appear in person before the respondents in pursuance of the summons issued to him by the respondents and cooperate with the investigation to his best. Let the criminal writ petition be listed after eight weeks, for final hearing.
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