Anticipatory bail not maintainable after Section 108 customs notice where relief would amount to blanket bail.

A petition for anticipatory bail under Section 438 CrPC in respect of offences under Sections 132, 135 and 135-A of the Customs Act was held not maintainable once notice had been issued under Section 108 and the petitioner had not appeared before customs authorities. The Court applied the principle that granting anticipatory bail at the stage of a Section 108 notice would amount to blanket bail, and also noted the serious allegations of active involvement in customs evasion and the claimed loss to the State exchequer. Relief was therefore declined.

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Issues: Whether a petition for anticipatory bail was maintainable at the stage when notice had been issued under Section 108 of the Customs Act, 1962, and whether the petitioner was entitled to such relief.

Analysis: The petition was filed under Section 438 of the Code of Criminal Procedure, 1973 in relation to offences under Sections 132, 135 and 135-A of the Customs Act, 1962. Notice had already been issued under Section 108 of the Customs Act, 1962 and the petitioner had not appeared before the customs authorities. Relying on the governing principle that grant of anticipatory bail at the stage of a Section 108 notice would amount to a blanket bail, the Court held that the petition was not maintainable. The Court also noted the serious allegations of active involvement in the alleged customs evasion and the substantial loss claimed to the State exchequer.

Conclusion: The petition for anticipatory bail was not maintainable and the relief was declined.

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