Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (4) TMI 1846

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... summoned invoking Section 108 of the Customs Act, he apprehends that immediately after his questioning he is liable to be arrested - HELD THAT:- The Hon'ble Supreme Court in UNION OF INDIA VERSUS PADAM NARAIN AGGARWAL ETC. [ 2008 (10) TMI 1 - SUPREME COURT] had specifically dealt with granting of anticipatory bail to a person summoned under Section 108 of the Customs Act and held that it was .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ign origin concealed along with the declared cargo imported by the importer through seaport. The officers of the DRI inspected the consignment and found that it contained 30,24,000 cigarettes of foreign origin totalling to value of ₹ 4,23,36,000/-. Containers worth ₹ 9 lakhs were also sealed. Crime was registered against four persons. Allegation against the petitioner is that he is als .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... confession of the co-accused. 4. It seems that the petitioner moved the Court below and sought bail. The Court below took the view that anticipatory bail application was premature in the light of the decisions of the Supreme Court in Union of India v. Padam Narain Aggarwal and Others [2008 KHC 698 = 2008 (231) E.L.T. 397 (S.C.)], Romesh Chandra Mehta v. The State of West Bengal (AIR 1970 SC 940 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d to be an accused. 7. In Kishin S. Loungani s case (supra) an identical question was considered by a Division Bench of this Court. Contention of the Learned Counsel is that both the applications dealt with a totally different situation and does not relate a person who is summoned under Section 108 of the Customs Act apprehending arrest. 8. The Hon'ble Supreme Court in Padam Narain Aggar .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates