Conditions not lawful in lieu of Anticipatory bail

(2008 )13SCC 305

In this case, the High Court in lieu of anticipatory bail ordered that the Customs Authorities find any non- bailable offense against the applicants (respondents), they shall not be arrested "without ten days prior notice to them.

Th Hon'ble Supreme Court held that on the facts and in the circumstances of the present case, neither of the above directions can be said to be legal, valid or in consonance with law, on the following grounds: 

Firstly, the order passed by the High Court is a blanket one as held by the Constitution Bench of this Court in Gurbaksh Singh and seeks to grant protection to respondents in respect of any non-bailable offense. S

Secondly, it illegally obstructs, interferes and curtails the authority of Customs Officers from exercising the statutory power of arrest a person said to have committed a non-bailable offense by imposing a condition of giving ten days prior notice, a condition not warranted by law. The order passed by the High Court to the extent of directions issued to the Customs Authorities is, therefore, was set aside.

Conclusion: No such order could have been passed nor a direction as to prior notice before effecting arrest could have been issued by the High Court.


Ref: Case before the Hon'ble SUPREME COURT OF INDIA 
Union of India (UOI) Vs. Padam Narain Aggarwal 
(2008 )13SCC 305

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