V.S.DAVE, J. - (1.) THIS is an application under Section 438 Cr.PC for issuing directions in a matter where a notice under Section 108 of Central Excise and Customs Act has been issued against him. His apprehension is that moment he goes to the custom official for interrogation in pursuance of the notice under Section 108 of the Act he shall be detained in custody even when no incriminating article has been found in a search made at his residence and the house of Rem Kumar was sealed and taken into custody. It is contended that merely because co -accused has stated about the involvement of the accused, he cannot be detained else there is no evidence against the accused. Reliance has been placed on an order of this Court by Hon'ble MB. Sharma, J., in SB. Criminal Misc. Bail Application No. 631 of 1987 Sri Ram Soni v. State of Rajasthan where anticipatory bail has granted by the learned Judge.
(2.) TAKING into consideration the facts of the case, I hereby direct that in the event of arrest of accused Padam Chandra in case No. 8(48) 117/87 registered at Central Excise and Customs, Department, Jaipur, he shall be released on bail forthwith provided he executes a persona1 bond the sum of Rs. 20,000/ -(Rupees Twenty thousand) with two sureties in the sum of Rs. 10,000/ - each to the satisfaction of the Arresting Officer/Investigating Officer to appear before him for investigation interrogation in pursuance of notice under Section 108 of the Central Excise and Customs Act on the following conditions: [i] that the petitioner shall make himself available to the Customs Authority as and when required for the purpose of investigation; [ii] that he shall not tamper with the evidence who may be acquainted with the facts of the case; and [iii] that in case the Customs Authorities want the custody of the petitioner for any valid reason, it will be open to. the Authorities to approach the concerned Magistrate for issuance of warrant which shall only be issued after giving adequate reasons and notice to the petitioner. ;