2023 (6) TMI 713

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.... Ajay Kumar Rai, Advocates For the Respondent : Mr. Satish Aggarwala, Sr. Standing Counsel for DRI ORDER RAJNISH BHATNAGAR, J. 1. The present petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in the case File No. DRI/BZU/S-IV/ENQ-19/INT-NIL/2022 under Sections 132/135(1)(a)/135(1)(b) of the Customs Act 1962 registered at Police Station DRI, Delhi Z....

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....sed, Sanjeev Verma, who is already on bail. 3. On the other hand, it is submitted by learned senior standing counsel for the respondent/DRI while vehemently opposing the contention of learned counsel for the petitioner that the present bail application is pre-mature. It is further submitted by him that the powers under Section 104 of the Customs Act,1962 is statutory in nature which can only be e....

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....o-ordinate Bench of this Court in Bail Appln. 1149/2021 to contend that the present bail application is pre-mature. 5. In the instant case, a bare perusal of the reply filed by the DRI/respondent shows that the ingredients of Section 438 Cr.P.C. are not attracted. As far as the contention of learned counsel for the petitioner that two summons were issued to the petitioner dated 22.08.2022 and 12.....

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....oms Act, 1962, written approval of the Commissioner (Additional Director General, DRI) is required. So far, there is not even such proposal, what to speak of approval of the Commissioner /Additional Director General, DRI. Thus, the application for anticipatory bail itself is premature and thus, is not maintainable." It has been submitted on behalf of the DRI that DRI reiterates the said content....