Bombay High Court
JITENDRASINGH MOHANSINGH KALSIversusTHE UNION OF INDIA
- Decided
- Disposal
- Allowed
Holding
The anticipatory bail is allowed and the interim protection granted on 12 April 2024 is confirmed.
Summary
The applicant, Vasant Anandrao Idhol, filed an anticipatory bail application under Section 135 of the Customs Act, seeking confirmation of interim protection previously granted on 12 April 2024. The court noted that a show‑cause notice under Section 28(4) read with Section 124 of the Customs Act had been served and adjudication proceedings were underway. Both the applicant’s counsel and the respondent’s Special Public Prosecutor agreed that the investigation was concluded and custody was unnecessary. Considering that the interim protection had not been misused and in view of the subsequent procedural developments, the court confirmed the interim bail. Consequently, the anticipatory bail application was allowed and the interim protection order was upheld.
Issues considered
- Whether the anticipatory bail granted earlier should be confirmed in light of the issuance of a show‑cause notice and commencement of adjudication proceedings under the Customs Act.
Legislation cited
- Customs Act — s. 124, 135, 28(4)
Subjects
- anticipatory bail
- Customs Act
- Section 135
- show cause notice
- interim protection
- adjudication proceedings
Judgment
8-aba958-26.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL
ANTICIPATORY BAIL APPLICATION NO.958 OF 2024
Digitally signed
by VASANT
ANANDRAO Jitendrasingh Mohansingh Kalsi ...Applicant
IDHOL
Date: V/s.
2026.09.10
20:39:02 +0530 Union of India & Anr. ...Respondents
Dr.Sujay Kantawala with Chandhi Tanna and Ms.Aishwarya
Kantawala i/b India Law Alliance for the Applicant.
Ms.Megha Bajoria, SPP for Respondent No.1 – Union of India.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 10TH SEPTEMBER, 2026.
P.C. :-
1. Heard learned counsel for applicant as well as learned SPP
for respondents.
2. The applicant has filed the instant application seeking
anticipatory bail in connection with File No.F.
No.CUS/SIIB/INT/648/2023 for the offences registered under Section
135 of the Customs Act.
3. Learned counsel for applicant submits that this Court has
earlier granted interim protection by an order dated 12 th April, 2024
which was continued from time to time and it is operating till today.
He submits that in the interregnum, a show cause notice dated 10 th
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8-aba958-26.doc
July, 2024 under Section 28(4) read with Section 124 of the Customs
Act had been served upon the applicant and pursuant thereto, the
adjudication proceedings have been started before the Adjudicating
Authority. He therefore, submits that in view of these developments,
the interim protection granted earlier needs to be confirmed.
4. In this regard, learned SPP on instructions also supports the
contention that the investigation has been concluded and the show
cause notice dated 10th July, 2026 has been issued to the applicant.
She therefore, makes a statement that the custody of this applicant is
not required.
5. Considering the fact that the interim protection was
granted by this Court by an order dated 12th April, 2024 which is not
misused by the applicant and further considering the subsequent
developments about issuance of show cause notice and initiation of
the adjudication proceedings, the interim protection granted by this
Court needs to be confirmed. Accordingly, the anticipatory bail
application is allowed and the interim protection granted by order
dated 12th April, 2024 is confirmed.
6. The Anticipatory Bail Application is accordingly disposed
of.
(PRAFULLA S. KHUBALKAR, J.)
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