Case Details: Fasil M. Versus Commissioner of Customs (2025) 28 Centax 283 (S.C.)
Judiciary and Counsel Details
- B.V. Nagarathna & Satish Chandra Sharma, JJ.
- Ms Krishna L.R., Adv. & Shri Subhash Chandran K.R., AOR, for the Petitioner.
Facts of the Case
The petitioner, whose warehouse was found to contain smuggled cigarettes, was summoned for further investigation under the Customs Act, 1962. Seeking relief, he filed a writ petition before the High Court challenging the summons, which was dismissed with a direction to comply with the summons. Immediately thereafter, the petitioner moved an anticipatory bail application before the High Court, which was also dismissed. Aggrieved by this, he filed a Special Leave Petition (SLP) before the Hon’ble Supreme Court challenging the High Court’s denial of anticipatory bail. However, by the time the matter reached the Supreme Court, the petitioner had already been arrested, rendering the anticipatory bail petition ineffective.
Supreme Court Held
The Hon’ble Supreme Court held that since the petitioner had already been arrested, the SLP seeking anticipatory bail had become infructuous and was dismissed. However, liberty was granted to the petitioner to file a regular bail application, if so advised. All pending applications stood disposed of.
List of Cases Cited
- Fasil M. v. Commissioner — (2025) 28 Centax 282 (Ker.) — Affirmed
