Anticipatory bail in customs offences can be granted where pre-arrest liberty needs protection and arrest is reasonably apprehended.

The Madras HC treated Section 438 CrPC principles as applicable to customs offences and considered whether a reasonable apprehension of arrest existed on the basis of a specific accusation. It stated that anticipatory bail is an extraordinary pre-arrest remedy, but one that may be granted where liberty requires protection. On the material before it, the Court found no basis to refuse relief at that stage and granted anticipatory bail with safeguards, including sureties and daily reporting to the customs authority until complaint was filed.

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Issues: Whether the petitioners were entitled to anticipatory bail in a customs investigation.

Analysis: The petition concerned the scope of anticipatory bail in relation to offences under the Customs Act, 1962. The Court treated the principles governing Section 438 of the Code of Criminal Procedure as applicable to customs offences, and examined whether there existed a reasonable apprehension of arrest on the basis of a specific accusation. It noted that anticipatory bail is an extraordinary remedy, but that it may be granted where liberty needs protection at the pre-arrest stage. On the material before it, the Court found no reason to deny relief at that stage, though it required safeguards by way of sureties and daily reporting to the customs authority until complaint was filed.

Conclusion: Anticipatory bail was held to be available to the petitioners and was granted with conditions.

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