$'^ 8 IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 2045/2011 CUSTOMS , Petitioner Tlirough Mr. P.C. Aggarwal,Adv. versus KISHORE KUMAR Respondent Through None CORAM: HON'BLE MR. JUSTICE SURESH KAIT ORDER o/„ 05.07.2011 The petitionerhas assailedthe order dated 24.5.2011 passed by the learned District Judge as under:- "Arguments were heard in the morning. Since it had been argued that the accused/applicant was not cooperating,therefore,customs department be given more time to further interrogate the accused/applicant,if the department so wishes. The departmentshould try to verify the otherfacts disclosed by the accused/applicantin his statement u/s 108 Customs Act. Till next date of hearing, interimorder shall continue. Put up on 7.6.2011 for furtherarguments." It is submittedby learnedcounselfor the petitionerthatthe matter is pending beforethe Districtjudgesince 07.6.201land the respondent is also not cooperating in the investigation and therefore, the Departmenthas filed the present petition for vacation of interim stay. He further submits that the interim protection was granted to the Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified respondenton 27.4.2011 and. thereafter,the matterwas adjournedto 09.5.2011 for further arguments. I note that the interim protectiongiven by the DistrictJudge is for the time being and argumentson the anticipatorybail applicationfiled by the respondenthas been going on. Lastly, the matterwas listed on 27.6.2011 and adjourned for today, i.e. 05.7.2011 and the interim \protection given on 27.4.2011 is still continued. Since the District Judge has to pass the final order on the anticipatorybail application,therefore,1considerthe present case is filed pre-maturely.The petitionershould put his case beforethe District Judge and get the final order. The petitionershall be at liberty to challengethat order, as and when requires. The DistrictJudge is directed to dispose of the anticipatorybail applicationexpeditiously. In view of the above directions, the petition is dismissed. No order as to costs. SURESH KAIT, J JULY 05,2011 KA