PADAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(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: