2018 (2) TMI 2138 - HC - Customs

Territorial jurisdiction to entertain present petition - Grant of anticipatory bail - cigarette smuggling - illegal importation of 57, 60, 000 sticks of cigarettes concealed as insulating flexible tubes - HELD THAT - It is not required go into the question of territorial jurisdiction at this stage since present bail application is otherwise premature in view of the specific stand taken by the respondent in its reply that there is no immediate apprehension of arrest as petitioner has been summoned for enquires to be made under Section 108 of the Customs Act. Accordingly bail application is dismissed.

Summary

The Delhi High Court, through Justice A.K. Pathak, dismissed the petitioner's application for anticipatory bail under Section 438 Cr.P.C. The petitioner, an NRI working in Dubai, was implicated by co-accused Bhavesh Jethmalbhai Thakkar in a cigarette smuggling case involving illegal importation of 57,60,000 sticks of cigarettes concealed as insulating flexible tubes, seized under Section 123 of the Customs Act, 1962. The petitioner was named in a statement under Section 108 of the Customs Act as having financed the import. The respondent contended the petitioner avoided summons under Section 108 and that there was no immediate apprehension of arrest, rendering the bail application premature. Jurisdictional objections were noted but not decided. The Court held that since "there is no immediate apprehension of arrest" and the petitioner was summoned for enquiry, anticipatory bail was not warranted at this stage, thus dismissing the application as premature.