2006 (5) TMI 101

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....e Criminal Procedure Code. 3.In the present case, the applicant has an apprehension that he is likely to be arrested in connection with the disclosure which he has made before the Settlement Commission in an application which is filed under the provisions of Chapter XIV-A which has been incorporated and added to the Customs Act, 1962 and by virtue of the disclosure made therein some coercive action may be taken against him by Custom Authorities. It is submitted that till such time his application is not either admitted or rejected by the Settlement Commission, a protection should be granted by this Court by exercising its jurisdiction under Section 438 of the Criminal Procedure Code and the respondents - Union of India be restrained from....

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....Commission. He also candidly pointed out that no show cause notice has been issued so far against the present applicant. He submitted, after taking instructions from the learned APP appearing on behalf of the State, that no criminal complaint under the provisions of the Indian Penal Code read with the provisions of the Customs Act has been filed against the present applicant. He submitted that, therefore, at this stage, the question of the applicant being arrested does not arise in view of the instructions which have been received in respect of the subject matter of the cases pending before the Settlement Commission. 7.A very short but interesting issue which arises in the present application is regarding the scope of granting anticipato....

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.... present case nor the particular issue regarding the maintainability of the application, since the matter is kept before the Settlement Commission on 7-6-2006 for the purpose of admission. Further, the application of the present applicant has also been tagged along with other two importers on submission being made by the learned Counsel for Union of India which is evident from the order which has been shown to this Court. This court does not wish to transgress the jurisdiction which is vested in the Settlement Commission by specific provisions which are made in that behalf under the provisions of Chapter XIV-A which, in my view, appears to be a self-contained code regarding the manner and method in which the matters are to be dealt with etc....