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2021 (7) TMI 1028 - HC - CustomsGrant of anticipatory bail - Smuggling - Gold - offence under Section 135(1)(b) of the Customs Act - bailable offence - Power of Customs Officer to arrest a person - HELD THAT:- The applicant apprehends that he may be arraigned as an accused in OR No. 7/2020 of Ernakulam Customs in which his son-in-law has been implicated as an accused. Going by the allegations, he apprehends that he may be implicated for an offence punishable under Section 135(1)(b), which is only a bailable offence coming within the purview of Section 104(7) of the Customs Act. In case that argument is accepted, application for anticipatory bail under Section 438 of Cr. P.C. is not sustainable. In UNION OF INDIA VERSUS PADAM NARAIN AGGARWAL ETC. [2008 (10) TMI 1 - SUPREME COURT] it was held that the power to arrest a person by a Customs Officer is statutory and cannot be interfered with. It was observed that Section 108 does not contemplate magisterial intervention. As the power under the statute is exercised by a Gazetted Officer of the Customs Department, the person summoned is under obligation to state truth upon any subject in respect of which he is examined. This Court is prevented from entertaining the application. In the event of his arrest, the jurisdictional Court is at liberty to consider the applicant’s plea of illness in case the proviso to Section 437 of Cr. P.C. is found applicable - application for pre-arrest bail is only to be dismissed.
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