Anticipatory bail in customs enquiries is premature where summons and statements alone do not make the person an accused.

In a customs investigation, anticipatory bail was considered premature where summons had been issued under Section 108 and statements were recorded, but the applicants had not yet been made accused and no complaint had been filed. The text states that initiation of enquiries under the Customs Act does not by itself confer accused status, and that the statutory power of arrest under Section 104 depends on the circumstances of the investigation. On that basis, the request for anticipatory bail was treated as not yet maintainable on the facts presented.

---

---

Issues: Whether the applicants were entitled to anticipatory bail in a customs investigation when they had been summoned and their statements were recorded, but no complaint had yet been filed.

Analysis: The investigation was still in progress and the applicants had not yet been made accused. A person against whom enquiries are commenced under the Customs Act does not acquire the character of an accused merely because summons were issued under Section 108 and statements were recorded. The power of arrest under Section 104 is statutory, and the circumstances relied on did not by themselves justify anticipatory bail.

Conclusion: The applicants were not entitled to anticipatory bail and the request was premature.

---