IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1942 OF 2008 CRIMINAL APPLICATION NO. 1942 OF 2008 CRIMINAL APPLICATION NO. 1942 OF 2008 Mr.Shial Mohd. Karram Khan. ... Applicant. V/s. The State of Maharashtra and another. ... Respondents. H.K.Prem for the applicant. Ms.A.T.Zaveri, A.P.P. for respondent No.1- State. H.V.Mehta with Mandar Goswami for respondent No.2 CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 27th June 2008. DATED: 27th June 2008. DATED: 27th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant, learned A.P.P. for respondent No.1- State and learned counsel for respondent No.2. 2. By his application under section 438 of Code of Criminal Procedure, 1973, the applicant is seeking anticipatory bail apprehending his arrest in R.A.No.42/2008 filed under section 135(1)(ii) of the Customs Act, 1962, which is pending before the Addl. Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai. 3. The learned counsel appearing for respondent No.2 makes a statement that as on date there is no intention to arrest the applicant, however, they intend to record the statement of the applicant. He further makes a statement that in the event respondent No.2 decides to take steps to arrest the applicant, they will give 72 hours prior notice to the applicant. The statements made are taken on record. The applicant is directed to co-operate with the investigating agency. 4. In the above view of the matter, application is disposed of for want of cause of action as this stage. JUDGE JUDGE JUDGE