Sanjay Kishan Kaul, J.

1.The petitioner being the working partner of one M/s Shri Balaji Oversees, a partnership firm registered in Mumbai dealing in the business of export till 2003 seeks an anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the said Code) for alleged violations of provisions of Customs Act, 1962 (in short the said Act).

2.The brief facts relevant for disposal of the present application are that the petitioner during the period from June 2002 to Jan 2003 exported certain consignments covered under 8 shipping bills wherein the shipping bills covered under Seriall number 1-4 were made to Dubai from Bombay in Dollar value which were assessed by the Customs authorities and thereafter the drawback amount @ 12.25% was credited into the account of the petitioner and the remaining 4 consignments were exported under Repayment of State Credit Scheme (popularly known as the Rupee-Rubal Agreement) for which also the drawback back amount had been credited into the account of the petitioner. It is stated that the petitioner accordingly withdrew a sum of Rs. 32, 75,000/- but before the remaining amount of Rs. 36,87,493/-cou