Kochi: Legal experts are of the opinion that the anticipatory bail plea filed by key accused in the gold smuggling case at Thiruvananthapuram airport in the form of diplomatic consignment to UAE consulate, is unlikely to be granted. The only option remaining with her is to surrender. In an earlier case, High Court had taken the stance that anticipatory bail can’t be granted on receiving a notice from the Customs.
As per law, Customs has no authority to arrest or imprison anyone. It sends notice or summons anyone to inquire on the links to smuggling. Even if evidences are obtained to prove the crime, the Customs Commissioner has to issue an order under Customs Act Section 104, to record the arrest.
However, in case of CRPC, the police can make the arrest. Hence Swapna has moved the bail plea in view of police probing the case.
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