RAJESH M DALMIA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.Kantawala, the learned counsel for the applicant and Ms.Gadhvi, the learned APP for the respondent/State.

(2.) ACCORDING to the applicant, he is apprehending arrest for the offence under Section 135(1)(ii) of the Customs Act, 1962 and therefore, he seeks anticipatory bail in this application. This Court has repeatedly held that the offence under Section 135(1)(ii) is bailable and, therefore, application for anticipatory bail under Section 438 of the Cr.P.C. is not tenable.