DARSHAN CHURIWALA S/O BHARAT CHURIWALA AND OTHERS Vs. THE DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) HEARD learned senior counsel Shri Nanjunda Reddy for the Petitioners and learned Central Government Special Public Prosecutor Shri Urval N. Ramanand for the Respondent in respect of the petition filed seeking extension of anticipatory bail in favour of the Petitioners.

(2.) THE submission of the learned senior counsel for the Petitioners is that, the trial court, at the first instance, granted anticipatory bail for a period of 20 days by imposing conditions and, after the said period got over, following the summons issued to the Petitioners pursuant to Section 108 of the Customs Act, 1962 ('the Act' for short), the Petitioners made an application for the anticipatory bail to be extended. But, the trial court, on the second occasion, rejected the application and, therefore, the Petitioners are before this Court.

(3.) THE learned Counsel for the Respondent, on the other hand, submitted that, even as per Section 108 of the Act, the persons who are summoned to appear before the authorities and to give evidence are not and cannot be treated as accused and, therefore, the question of grant of anticipatory bail does not arise. The above submission is also sought to be supported by relying on the Apex Court decisions reported in Union of India (UOI) Vs. Padam Narain Aggarwal etc., AIR 2009 SC 254 and Poolpandi etc. etc. Vs. Superintendent, Central Excise and others etc. etc., AIR 1992 SC 1795 .