Interim anticipatory bail in a customs offence was granted where recovery was not from the applicant and cooperation with investigation was required.

Interim anticipatory bail was granted in a customs offence matter where recovery was said to be from a co-accused and not the applicant. The Court noted the departmental arrest threshold for alleged duty evasion, observed that the stated gold value was below that limit, and treated the applicant's cooperation with investigation as a material safeguard. Liberty was protected for the time being despite the allegation carrying imprisonment up to seven years, subject to appearance before the investigating officer, deposit of passport or affidavit of non-possession, furnishing contact details, and compliance with bond and surety conditions.

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Issues: Whether the applicant was entitled to interim anticipatory bail in a customs offence case, subject to cooperation in investigation.

Analysis: The application arose from allegations under the Customs Act, with the recovery said to have been made from a co-accused and not from the applicant. The Court noted the departmental circular on arrest under customs law, which restrains arrest in cases involving alleged duty evasion below the prescribed monetary threshold, and observed that the recovered gold value was stated to be below that limit. The Court also took into account that the alleged offence carried imprisonment up to seven years, that the applicant was stated to have roots in society, and that liberty could be protected for the time being subject to cooperation in investigation.

Conclusion: Interim anticipatory bail was granted to the applicant on furnishing bond and sureties, subject to appearance before the investigating officer, cooperation in investigation, deposit of passport or affidavit of non-possession, and communication of contact details.

Final Conclusion: The applicant was given temporary protection from arrest pending further consideration, while the investigation was permitted to continue on the stated conditions.

Ratio Decidendi: In a customs prosecution, interim anticipatory bail may be granted where the recovery is not from the applicant, the alleged value falls below the departmental arrest threshold, and the applicant undertakes to cooperate with investigation.

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