1998 (6) TMI 345

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....elligence, Calcutta Zonal Unit, 8, Calcutta. The order is sought to be set aside invoking inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 and, in the alternative, it was also orally prayed to pass suitable order for bail under Section 439 of the Code of Criminal Procedure, 1973. 2. Pursuant to an information received by the officers of Directorate of Revenue Intelligence, Calcutta an investigation was initiated and it was being carried out with respect to the basic allegation that M/s. Associated Industries were engaged in illegal importation of (i) RBD. Palmolin oil (ii) Mulberry Raw Silk (iii) HDPE (iv) Copper Cathode and evasion of customs duty and sale thereof running in crores of rupees. T....

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....e I.O. everyday at his office and shall Hot leave Calcutta without the previous permission of the learned CMM, Calcutta. The petitioner shall hand over his passport, if any, to the I.O. against proper receipt. This order of anticipatory bail will remain in force for a period of ten days from this date. The Criminal Misc. Case is disposed of accordingly." 4. What happened thereafter is that the petitioner having obtained an order of an anticipatory bail, appeared before the Chief Metropolitan Magistrate, Calcutta on the very next day and sought for grant of regular bail under Section 437 of the Code of Criminal Procedure. This prayer was, however, rejected after due consideration of the submissions made on both the sides. The p....

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....ry bail and, in that view of the matter, there was neither necessity of his being enlarged on anticipatory bail or for abiding by the condition of the said bail to see the I.O, everyday in his office (as per terms of the anticipatory bail). In this regard, I am, however, of the considered opinion .that the petitioner would be most certainly supposed to have, availed the protection/privilege of the anticipatory bail inasmuch as, it was only because of the anticipatory bail that no arrest could be effected during the course when he was making efforts for grant of regular bail right from the next following date i.e. 12-5-1998 (after the grant of anticipatory bail). If a litigant chooses to avail the protection/privilege of a Court's order, it ....