Anticipatory bail on customs summons requires concrete fear of arrest, not speculative apprehension during inquiry.

Anticipatory bail cannot be granted merely because a person has been lawfully summoned under Section 108 of the Customs Act, 1962 for inquiry. The applicant must show a genuine, objective and well-founded likelihood of arrest under Section 438 of the CrPC; a speculative fear is insufficient. A Section 108 summons requires attendance, statement and production of documents, and statements recorded in that inquiry have evidentiary significance. The mere issuance of summons does not make the person an accused or create a blanket protection against arrest, especially where the power of arrest under Section 104 remains subject to statutory safeguards. On those principles, the apprehension of arrest was not established and anticipatory bail was declined.

---

---

Issues: Whether the petitioner made out a case for anticipatory bail on the basis of an apprehension of arrest while facing summons issued under Section 108 of the Customs Act, 1962.

Analysis: The request for anticipatory bail was examined against the settled requirement under Section 438 of the Code of Criminal Procedure, 1973 that the applicant must show a genuine and objective reason to believe that arrest is likely. The summons issued under Section 108 of the Customs Act, 1962 were treated as a lawful exercise of power for inquiry, requiring attendance, statement, and production of documents. Statements recorded in customs inquiry were held to have evidentiary significance and a person summoned under Section 108 was not, by that reason alone, treated as an accused entitled to avoid compliance. The power of arrest under Section 104 of the Customs Act, 1962 was noted to be circumscribed by statutory safeguards, and no blanket protection against arrest could be granted merely because summons had been issued.

Conclusion: The petitioner failed to establish a well-founded apprehension of arrest and was not entitled to anticipatory bail.

Ratio Decidendi: A person who is lawfully summoned under Section 108 of the Customs Act, 1962 for inquiry cannot obtain anticipatory bail merely on the basis of a speculative fear of arrest, unless concrete and objective grounds show a genuine likelihood of arrest.

---