TMI Blog2021 (10) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... , as per the law promulgated by the Apex Court the Summons under Section 108 of the Custom Act is only issued for recording the evidence and the High Court cannot direct the respondent authorities not to arrest such accused, as the anticipatory application would be premature at this stage. Even the direction issued by the High Court not to arrest such accused for limited period would be illegal and against the law. Application rejected. - R/Criminal Misc. Application No. 5176 of 2020 - - - Dated:- 25-6-2021 - Honourable Mr. Justice A.S. Supehia For the Applicant(s) : Mr.R.C.Jani, Senior Advocate For Mr. Vishrut R Jani For the Respondent(s) : Mr.Kshitij Amin For Mr Devang Vyas, Ms.Moxa Thakker, App ORAL ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jput to visit residence of the applicant when summons to remain present was issued on 05.03.2020. Thus, he has submitted that the present applicant may be granted anticipatory bail. [4] It is pertinent to note that the respondent in affidavit-in-reply dated 20.05.2020 has categorically stated that to substantiate the claim of Shri Parthiv Vijaykumar Dave a summons dated 19.02.2020 was issued to the applicant but he had not appeared before DRI, Ahmedabad even after serving of summons and is absconding. Another Summons dated 27.02.2020 was issued to the applicant and the same was sent by post. Further for personal service of the said summons dated 27.02.2020 and to verify his address, the officers of DRI, Ahmedabad visited on 28.02.2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on summoned to state truth upon any subject respecting which he is examined. He is not absolved from speaking truth on the ground that such statement is admissible in evidence and could be used against him. The provision thus enables the officer to elicit truth from the person examined. The underlying object of Section 108 is to ensure 40. As held by Constitution Bench of this 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 summon is issued for the said purpose, he is bound to comply wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and is hereby set aside. [7] It is pertinent to note that the co-accused i.e. Ravindra Chandrakantbhai Patel, who was issued summons under Section- 108 of the Customs Act, has approached this Court seeking anticipatory bail. The Coordinate Bench vide judgment dated 11.09.2020 passed in Criminal Misc. Application No.22910 of 2019 has rejected the application as prematured, in light of the observations made by the Apex Court. [8] Thus, as per the law promulgated by the Apex Court the Summons under Section 108 of the Custom Act is only issued for recording the evidence and the High Court cannot direct the respondent authorities not to arrest such accused, as the anticipatory application would be premature at this stage. Even the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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