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.4558 OF 2008 Manish Virji Shah .. Applicant. Vs. Union of India & Ors. .. Respondents. Mr.S.N.Kantawala for the applicant. Mr.H.J.Dedhiya A.P.P. for the State. Mr.R.F.Lambay A.P.P. for respondent no.2. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH DECEMBER, 2008. DATED : 17TH DECEMBER, 2008. DATED : 17TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned APP for the State and learned APP respondent no.2. 2. The applicant states that respondent no.2 is likely to issue summons under section 108 of the Customs Act and if summons is issued, respondent no.2 is also likely to arrest the applicant. Mr.Lambay, learned A.P.P. for respondent no.2, on instructions, submits that respondent no.2 has so far not issued the summons to the applicant. He further submits that if they issue summons to the applicant and if they intend to arrest the applicant in connection therewith respondent no.2 shall issue 72 hours notice to the applicant. His statement is accepted. In view of the 2 2 2 statement nothing further survives in this application. The application is disposed of. It is made clear that if summons under section 108 of the Customs Act is served on the applicant it is open to the applicant to approach the Sessions Court seeking appropriate relief. . While passing this order I shall not be understood to have examined merits of the case. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)