RAOOF ALI Vs. ASSISTANT COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This is an application for anticipatory bail filed under Section 438 Cr.P.C.

(2.) Heard both sides. Counsel for the respondents submit that the presence of the petitioner is required for being questioned and on several occasions summons was issued but the petitioner did not appear and in the circumstances, anticipatory bail may not be granted to the petitioner. The counsel for the petitioner submits that on the basis of confession, which according to him, has been retracted vide Annexure-A4, it is likely that the petitioner would be taken into custody and however that he is prepared to appear before the investigating agency for being questioned.

(3.) In the circumstances, the petitioner is directed to surrender before the Investigating Officer to enable him being questioned in the matter. In case he is taken into custody he shall be at liberty to move regular bail application and there is no reason to grant anticipatory bail In the result, this anticipatory bail application is dismissed.