- (1.) Vide the present petition, the petitioner seeks directions thereby to set aside the order dated 13.04.2017 passed by the learned Addl. Sessions Judge in ECIR/20/DLZO1/2015/AD PMLA.
(2.) Brief facts of the case are that the respondent filed the application for anticipatory bail on 6.4.2017 and Ld. Judge vide the impugned order, while disposing of the application for anticipatory bail has passed the direction that the petitioner agency shall serve three working days notice, on proposing to arrest the petitioner in this case.
(3.) Learned counsel for petitioner submitted that the directions passed by the Ld. Judge are contrary to the settled law. The Apex Court in a catena of judgments has held that the directions of this nature cannot be passed while disposing of application for anticipatory bail. The Hon'ble Supreme Court in the case of Union of India vs. Padam Narain Aggarwal (2008) 13 SCC 305 in identical circumstances has held as under: - "64. In our judgment, on the facts and in the circumstances of the present case, neither of the above directions can be said to be legal, valid or in consonance with law. Firstly, the order passed by the High Court is a blanket one as held by the Constitution Bench of this Court in Gurbaksh Singh and seeks to grant protection to respondents in respect of any non-bailable offence. Secondly, it illegally obstructs. interferes and curtails the authority of Custom Officers from exercising statutory power of arrest a person said to have committed a non-bailable offence by imposing a condition of giving ten days prior notice, a condition not warranted by law. The order passed by the High Court to the extent of directions issued to the Custom Authorities is, therefore, liable to be set aside and is hereby set aside." ;