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2023 (6) TMI 713 - DELHI HIGH COURTSeeking grant of Anticipatory Bail - offence punishable under Sections 132,133,135,135A or Section 136 of the Customs Act, 1962 - it is submitted that for affecting arrest of anybody for offences punishable under the Customs Act, 1962, a written approval of the competent authority i.e., Commissioner of Customs/Principal/Additional Director, DRI is required which has not been obtained till date in the present case - HELD THAT:- In the instant case, a bare perusal of the reply filed by the DRI/respondent shows that the ingredients of Section 438 Cr.P.C. are not attracted. As far as the contention of learned counsel for the petitioner that two summons were issued to the petitioner dated 22.08.2022 and 12.09.2022, as an accused is concerned, it is opined that summons have been issued only for the inquiry purposes as a witness and not as an accused. Keeping in view the totality of the facts, submissions made and the reply filed by learned senior standing counsel for the respondent/DRI and also relying on the order dated 06.04.2021 passed by the co-ordinate Bench of this Court, the present bail application is pre mature and, accordingly, dismissed as not maintainable.
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