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2024 (2) TMI 1322 - HC - CustomsApplication filed u/s 438 of the Code - seeking pre-arrest bail - found carrying areca or beetle nuts, instead of grinding wheels, as was declared in IGM and bill of lading by its importer - confiscation of goods - Offence punishable u/s 135 of the Customs Act - HELD THAT:- Following the decision of the Apex Court in the case of filing of an FIR is not a condition precedent to exercise the powers/jurisdiction u/s 438 of the Code. However, the concerned accused has to show/demonstrate that he has a reasonable apprehension or belief that he may be arrested in connection with a cognizable offence. The Apex Court has further observed that the use of the expression, ‘Reason to Believe’ in Section 438(1) of the Code shows that the belief, that the applicant may be so arrested, must be founded on reasonable grounds only if there is something tangible to go by, on the basis of which, it can be said that the applicant’s apprehension that he may be arrested, is genuine. The present petitioner fails to show or display any well-founded reason to believe/apprehend that he will be arrested. As held by the Hon’ble Apex Court in ‘Shri Gurubaksh Singh Sibbia and Others’[1980 (4) TMI 295 - SUPREME COURT] which was subsequently followed in the case of ‘Sushila Aggarwal and others Vs. State (NCT of Delhi) and another’, [2020 (1) TMI 1193 - SUPREME COURT], no blanket orders can be passed to the effect that ‘Not to Arrest’ the petitioner. In view of the fact that Respondent No. 1-DRI has powers to call the petitioner, by issuing summons u/s 108 of the Customs Act, the petitioner is bound to comply with the same and therefore, none of the decisions/authorities relied on by the learned Senior Advocate for the petitioner in given background of facts shall not help the petitioner’s case. There are several vexed questions, viz. Whether, the present petitioner is Aakash or Abbas Gulamhusen Hariyani and as to whether, Aakash is using the identity of the petitioner or the petitioner is using the name of Aakash, and the answers to the same are needed to be found out by the prosecuting agency and therefore also, the petitioner has to comply with the summons issued u/s 108 of the Customs Act. Resultantly, this petition fails and is DISMISSED, accordingly. Interim relief, if any, stands vacated.
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