H P CHOKSEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and the learned Counsel for respondents - Union of India at length. 2

(2.) This application has been filed under Sections 438 and 482 of the Criminal Procedure Code. During the course of the arguments, the learned Senior Counsel appearing on behalf of the applicant submitted that he does not press the application under Section 482 and he would like to restrict his submissions under Section 438 of the 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 taking coercive steps i.e. arresting the applicant in respect of the disclosure which has been made by him before the Settlement Commission.