TaxTMI 
TaxTMI 
2019 (5) TMI 1303
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....ntral Excise and Customs. He was served with a notice under Section 108 of the Customs Act by the Commissioner of Customs, calling upon him to appear before the Customs Officer in connection with the investigation in O.R. No.5 of 2018 of the HQ (Preventive) Unit, Customs Preventive Commissionerate, Kochi. Apprehending arrest and detention, he approached the learned Sessions Judge seeking an order of pre-arrest bail. The same was dismissed by Annexure-L order, which led to the filing of this petition. 3. It would be pertinent to mention at this juncture that the the applicant had approached this Court earlier seeking the very same relief. However, in the course of arguments, the learned counsel appearing for the applicant sought permissio....
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..... 6. The officer investigating the crime came to the unmistakable conclusion that the applicant was in close contact with the licensee and their employees; that licensee had sought his help for getting hold of the Passenger Manifest Data from the Airlines; that he had enjoyed the hospitality of the licensee during the pendency of the investigation; that he was in constant touch over phone as borne out from the CDR details; and that he had sent messages through WhatsApp to the sales executive of the licensee showing a deeper and clandestine nexus and questionable dealings. The applicant was thus summoned to appear before the investigating officer. He evaded the summons and later approached this Court as well as the Sessions Court . Howeve....
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....liance on the judgment of this Court passed in W.P.(C) No. 21063 of 2018 filed by M/s. Plus Max Duty Free (Private) Ltd., wherein this Court had permitted the Company to carry on business operations under the strict supervision of the department officials and had ordered that the investigation be transferred to some other officer other than the 10th respondent in the writ petition. If the applicant appears before the authorities, it is certain that he would be implicated in some serious non-bailable offenses and subjected to custodial torture, contends the learned senior Counsel. 8. Sri. Sasthamangalam S. Ajith Kumar, the learned standing counsel appearing for the Department of Customs, has strenuously opposed the prayer. It is submitted....
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.... and have meticulously gone through the records. 10. I remind myself of the law laid down in Naranjan Singh v. Prabhakar Rajaram Kharote [AIR 1980 SC 785] and in Puran v. Rambilas [2001 (6) SCC 338], wherein it was held that at the time of consideration of bail application, the Courts are not expected to discuss the merits or demerits of the evidence collected against the accused. A detailed examination of the evidence or an elaborate documentation of the merits of the case has also to be avoided. 11. The specific allegation is that the applicant herein, while holding a high office in the office of customs, collected Passenger Manifest Data from from Airline Operators and handed it over to the licensee to enable them to manipulate the....
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....er to arrest thus is circumscribed by objective considerations and cannot be exercised on whims, caprice or fancy of the officer. The section also obliges the Custom Officer to inform the person arrested of the grounds of arrest as soon as may be. The law requires such person to be produced before a Magistrate 'without unnecessary delay'. In other words, the law allows a Custom Officer to exercise power to arrest a person, who has committed certain offences, but at the same time, takes due care to ensure individual freedom and liberty by laying down norms and providing safeguards so that the power of arrest is not abused or misused by the authorities. 14. Having gone through the materials, I find that the allegations against the appl....