Anticipatory bail in customs settlement disclosures was refused as premature where no arrest, notice, or complaint existed.

Anticipatory bail in relation to apprehended arrest arising from disclosures before the Settlement Commission under Chapter XIV-A of the Customs Act was found unwarranted on the facts presented. The Court recorded the Union of India's categorical statement that no arrest was intended at that stage and that no show cause notice or criminal complaint had been filed, so the apprehension of arrest was treated as unfounded. It also noted that anticipatory bail in such matters would depend on the facts of each case. The application was therefore treated as premature and no protection was granted.

---

---

Issues: Whether anticipatory bail could be granted in relation to apprehended arrest arising out of disclosures made before the Settlement Commission under Chapter XIV-A of the Customs Act, 1962.

Analysis: The request for protection was considered in the context of the pending settlement proceedings and the nature of the alleged customs offences. The Court noted the categorical statement on behalf of the Union of India that no arrest was intended at that stage and that no show cause notice or criminal complaint had been filed. In those circumstances, the apprehension of arrest was treated as unfounded. The Court further observed that the availability of anticipatory bail in such matters would depend on the facts of each case, but the present application did not warrant intervention at that stage.

Conclusion: Anticipatory bail was not granted and the application was treated as premature.

---