1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4252 OF 2008 Vikas Shankar Joshi .. Applicant. Vs. State of Maharashtra & Anr. .. Respondents. Mr.Ganesh K.Gole for the applicant. Mr.Y.S.Shinde A.P.P. for the State. Mr.D.N.Salvi for respondent no.2. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 1ST DECEMBER, 2008. DATED : 1ST DECEMBER, 2008. DATED : 1ST DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and respondent no.2 and learned A.P.P. for the State. 2. The applicant apprehends arrest in the matter of F.No.V/15/REBATE/RFG/RAMDEV CHEMICALS/08. The Superintendent of Central Excise had issued summons under section 14 of the Central Excise Act, 1944, section 108 of the Customs Act, 1962 and section 83 of the Finance Act, 1994 to the applicant for recording his statement concerning Central Excise/Service Tax Enquiry. Mr.Salvi, learned counsel for respondent no.2, on instructions, submits that so far they have not decided to arrest the applicant. In other words, he submits that prior approval as contemplated under section 13 of the Central Excise Act has not been 2 2 2 obtained so far. Having considered the submissions of Mr.Salvi and having considered the provisions of sections 13, 14, 19 and 21 of Central Excise Act, in my opinion, this application can be disposed of by the following order: . Respondent No.2 shall issue 48 hours notice to the applicant if they obtain prior approval as contemplated under section 13 of Central Excise Act to arrest the applicant so as to enable him to approach the concerned court for seeking anticipatory bail. The applicant is, however, directed to attend an enquiry on 3rd December, 2008 at 11 am before the Superintendent, Central Excise Department, and thereafter as and when called and shall co-operate with the investigation. The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)