Supreme Court of India · 2008-10-03
UNION OF INDIA vs PADAM NARAIN AGGARWAL ETC.
- Citation / case number
- SC 2007/5434
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- PADAM NARAIN AGGARWAL ETC.
- Author
- C.K. THAKKER
- Bench
- C.K. THAKKER,D.K. JAIN, , ,
Judgment text excerpt
The Supreme Court held that the anticipatory bail applications filed by the respondents were premature as they were merely summoned under Section 108 of the Customs Act, 1962, and had not yet been charged with any offence. The Court emphasized that the respondents must comply with the summons and appear before the Customs Authorities. The Court upheld the High Court's direction that if any non-bailable offence is established, the respondents must be given ten days' notice before arrest, thereby affirming the procedural safeguards in place under the law.