1. Heard Shri. Jha appearing for the applicant and Mr.Satpute appearing for the Commissioner of Custom - respondent Nos.1 & 3.

2. This is an application for anticipatory bail and the respondent apprehends arrest in connection with an investigation F.No.SG/Misc-157/06 S.I.I.B.(X). He applied for anticipatory bail by filing Application No.1315 of 2006 in the Sessions Court, Greater Bombay.

3. The applicant argued the application for anticipatory bail on the basis that the offences alleged against him are bailable. He argued that the respondents have not made out any case of commission of any non-bailable offences but assuming it is so made out the applicant’s custodial interrogation would not be necessary.

4. From a perusal of the order passed by the learned Additional Sessions Judge on this anticipatory bail application on 24th November, 2006, it is clear that the learned Additional Sessions Judge proceeded on the basis that the offence is bailable but a judgement of the learned Single Judge of this court is not binding upon him as it is stayed by the Hon’ble Supreme Court.

5. To say the least, the learned Additional Sessions Judge has committed a grave error in not followin