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2021 (10) TMI 252 - HC - CustomsSeeking grant of anticipatory bail - summons issued under Section 108 of the Customs Act - applicant appeared on issuance of such summons or not - Section 438 of the Criminal Procedure Code, 1973 - HELD THAT:- It is pertinent to note that the co-accused i.e. Ravindra Chandrakantbhai Patel, who was issued summons under Section- 108 of the Customs Act, has approached this Court seeking anticipatory bail. The Coordinate Bench vide judgment in RAVINDRA CHANDRAKANTBHAI PATEL VERSUS STATE OF GUJARAT [2020 (9) TMI 1208 - GUJARAT HIGH COURT] has rejected the application as prematured, in light of the observations made by the Apex Court. Thus, as per the law promulgated by the Apex Court the Summons under Section 108 of the Custom Act is only issued for recording the evidence and the High Court cannot direct the respondent authorities not to arrest such accused, as the anticipatory application would be premature at this stage. Even the direction issued by the High Court not to arrest such accused for limited period would be illegal and against the law. Application rejected.
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