https://www.taxtmi.com/caselaws?id=450171 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. en-us Mon, 29 Jan 2024 00:00:00 +0530 Wed, 28 Feb 2024 20:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450171 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. Case-Laws Customs Mon, 29 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450171