2018 (7) TMI 2065 - HC - Customs

Applicability of Criminal Procedure Code - interrogation of petitioner - HELD THAT - The Petitioner shall not be arrested in connection with the investigations under DRI without following the procedure prescribed under the Criminal Procedure Code - It is however made clear that the Petitioners shall cooperate with the investigation. The Petitioners shall respond to the notices/summons issued by the Customs Authorities / DRI. The Petitioner Nos.1 to 4 are directed to remain present before the Customs Authorities / DRI as and when required which would be done by the Customs Authorities / DRI by issuance of prior summons - However in so far as the Petitioner No.5 is concerned, he would remain present before the Customs Authorities / DRI on Monday 2372018, at 11.00 a.m. The Learned Senior Counsel Mr. Chaudhari assures the court accordingly. The Customs Authorities / DRI shall videograph recording of the statement and examination of the Petitioners as well as goods. The same shall be at the cost of the Petitioners. Needless to state that the Petitioners / accused would not be entitled to copy thereof, unless so ordered by this Court.

Summary

Issues:
- Applicability of CrPC provisions during Customs Act investigation

Analysis:
The High Court of Bombay addressed the issue of whether the provisions of the Criminal Procedure Code (CrPC) are applicable during investigations under the Customs Act. The court noted that Division Benches of the Court had passed interim orders regarding the manner of conducting investigations due to the issue being considered by the Apex Court. The Respondent's counsel referred to an order by the Apex Court, arguing that the Division Benches' orders need not be followed anymore. However, upon examining the Apex Court's order, the High Court found no reason to deviate from its previous orders. Consequently, the High Court decided to pass an ad-interim order similar to a previous order in a related matter. The directions included that the Petitioner should not be arrested without following CrPC procedures, while also cooperating with the investigation by responding to notices and summons.

The High Court further directed the Petitioners to be present before the Customs Authorities or DRI as required, with specific instructions for one of the Petitioners to appear on a designated date and time. The court allowed the Petitioners' advocate to accompany them during interrogation, following a general direction from the Supreme Court in a previous case. Additionally, based on a statement recorded by the Apex Court in a different case, the High Court ordered the videograph recording of the Petitioners' statements, examinations, and goods during the investigation, with the cost to be borne by the Petitioners. The Petitioners were not entitled to a copy of the recording unless ordered by the Court. Finally, the High Court listed the current Writ Petition along with several other related matters for a future date.