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2008 Supreme(SC) 1477

C.K.THAKKER, D.K.JAIN
Union of India – Appellant
Versus
Padam Narain Aggarwal Etc. – Respondent


Advocates appeared:
For the Appellant :Gopal Subramanium, ASG., Ms. Alka Sharma and B. Krishna Prasad, Advocates.
For the Respondent:Rupesh Kumar, Advocate.

Judgment

C.K. Thakker, J. —

1.Leave granted.

2.The present appeal is filed by the Union of India against the Judgment and Order dated November 30, 2006 passed by the High Court of Judicature for Rajasthan (Jaipur Bench) in S.B. Criminal Misc. Bail Application Nos. 7572 and 7573 of 2006 whereby certain directions have been issued by a Single Judge to the Customs Authorities. The High Court held that since the respondents herein were merely summoned under Section 108 of the Customs Act, 1962 to give their statements in the inquiry, anticipatory bail applications filed by them were pre-mature and were required to be disposed of. The learned Single Judge, therefore, Ordered the respondents to appear before the Customs Authorities in response to the summons. He, however, directed that in case the Customs Authorities find that any non-bailable offence has been committed by the respondents, they shall not be arrested without ten days prior notice.

Facts :

3.It is the case of the appellant (Union of India) that Director of Revenue Intelligence (‘DRI’ for short) was investigating the matter in respect of export of readymade garments by M/s B.A. International valued at Rs.4.75 crores through vari














































































































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