TMI Blog2019 (5) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... that his personal relationship with the licensee and their employees cannot have any bearing in the facts and circumstances cannot be accepted. A deeper probe into the allegations are not warranted at this stage. The notice having been issued by a senior officer, the applicant will have to appear and comply with the directions. His apprehension that he would inevitably be arrested and tortured appears to be misconceived. The power to arrest is circumscribed by objective considerations and cannot be exercised on whims, caprice or fancy of the officer. The nature and gravity of the allegations are such that I am not persuaded to arm the applicant with an order of anticipatory bail. Application dismissed. - Bail Appl. No. 1300 of 2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... summary of the allegations against the applicant can be stated thus :- Secret information was received by the Customs Department that M/s. Plus Max (P) Ltd., the licensee permitted to operate the duty free shop at the Trivandrum International Airport, was engaged in illegal sales of foreign made foreign liquor (FMFL). A preliminary investigation was conducted and the allegations were prima facie found to be true. An ultimatum was given to the licensee to produce the records to which they responded by raising a contention that their computer was hacked. After some delay, they came up with an excel data sheet containing details of sales done. A detailed verification was conducted and it threw up more discrepancies and violatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel appearing for the applicant, submitted that the applicant has nothing to do with the search and seizure alleged to have been carried out by the customs at the premises of the licensee. Certain Senior Officers of the customs department took exception to some messages posted by the applicant in a common WhatsApp group and they entered into a conspiracy to implicate the applicant on false accusations. According to the learned senior counsel, the solitary allegation against the applicant is that he had issued a letter calling upon the airline operators demanding the passenger details of inbound passengers from September 2017 to December 15, 2017. The said letter was issued in his capacity as an officer of customs to aid an ongoing inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im to appear before the investigating officer. However, the same was not complied with. It is further submitted that the investigation conducted till date has revealed that the applicant obtained the Passenger Manifest Data from various airline operators and had handed over the same to the licensee, who, in turn, have used the said data to prepare false documents with a view to evade customs duty. He would further content that the Anti Corruption Branch of the CBI has initiated an investigation into these allegations as huge loss was caused to the exchequer. He would further contend that this Court while passing Annexure-M judgment, had not interfered with the investigation, except for suggesting that some other officer should take up the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of foreign made foreign liquor sold by them from the duty free shops. The investigation is in the early stages and though numerous summons were issued to the applicant under Section 108 of the Cr.P.C, he has not cared to appear. 12. As has been held by Constitution Bench of the Apex Court in Ramesh Chandra Mehta v. State of West Bengal [(1969) 2 SCR 461] a person called upon to make a statement before the Custom Authorities cannot be said to be an accused of an offence. It is, therefore, clear that if a person is called upon to make a statement under Section 108 of the Act and summons is issued for the said purpose, he is bound to comply with such direction. This view has been reiterated in Union of India v. Padam Narain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns against the applicant, cannot, at this stage, be stated to be frivolous or vexatious. Certain incriminating materials are produced before this Court showing his complicity. The contention of the learned senior counsel appearing for the applicant that his personal relationship with the licensee and their employees cannot have any bearing in the facts and circumstances cannot be accepted. A deeper probe into the allegations are not warranted at this stage. The notice having been issued by a senior officer, the applicant will have to appear and comply with the directions. His apprehension that he would inevitably be arrested and tortured appears to be misconceived. The power to arrest is circumscribed by objective considerations and cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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