Anticipatory bail at customs summons stage is premature where Section 108 examination is for recording evidence.

Summons issued under Section 108 of the Customs Act, 1962 are for recording evidence, and the person summoned is required to comply with the inquiry. The controlling view applied is that a person called for examination is not treated as an accused merely because the investigation may later reveal an offence. On that basis, a request for anticipatory bail at the summons stage was considered premature, because the court should not impose restraints that would curtail the statutory powers of customs authorities. The application for anticipatory bail was therefore held not maintainable at that stage and was rejected.

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Issues: Whether anticipatory bail could be granted against summons issued under Section 108 of the Customs Act, 1962, and whether such a request was premature.

Analysis: Summons under Section 108 of the Customs Act, 1962 are issued for recording evidence and require the person summoned to comply. The controlling view relied upon is that a person summoned for such examination is not to be treated as an accused merely because the inquiry may later disclose an offence. In that situation, an application seeking anticipatory bail at the summons stage is premature, and the Court cannot impose restraints that curtail the statutory powers of the customs .

Conclusion: Anticipatory bail was not maintainable at that stage and the application was rejected.

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