2020 (10) TMI 972 - HC - Customs

Direction to allow to petitioner to give his statement in presence of his counsel - Section 108 (3) of Customs Act - HELD THAT - The petitioner may move appropriate application before the authority concerned seeking the benefit of Section 108 (3) Customs Act within a period of one week from today, in case he has already not moved such application. The authority concerned may consider and decide the said application in accordance with law, expeditiously. In case the petitioner is permitted to appear along with his agent i.e., his Lawyer; then, the authority concerned may proceed with the matter accordingly. Petition disposed off.

Summary

Issues Involved:
1. Petitioner seeking direction for allowing statement in presence of counsel under Section 108(3) of Customs Act.
2. Petitioner seeking direction to prevent harassment or detention in a specific case.

Analysis of Judgment:

Issue 1:
The petitioner filed a writ petition seeking a mandamus to allow him to give his statement in the presence of his counsel as provided under Section 108(3) of the Customs Act. The petitioner contended that any person summoned under this section should be permitted to attend proceedings with their authorized agent, including their advocate. The court noted the submission made by the petitioner's counsel and reviewed the case records. Considering the trivial nature of the question and with the consent of both parties' counsel, the court disposed of the petition with an order. The court directed the petitioner to submit an application to the concerned authority within a week, seeking the benefit of Section 108(3) of the Customs Act. The authority was instructed to decide on the application promptly and in accordance with the law. If the petitioner was allowed to appear with his lawyer, the authority was directed to proceed accordingly.

Issue 2:
In addition to the above issue, the petitioner sought a direction to prevent harassment or detention by the opposite parties in a specific case (D.R.I. Case No. 3/2020). The petitioner referred to the legal precedent set by the Hon'ble Apex Court in the case of D.K. Basu versus State of West Bengal. However, the judgment did not provide a specific ruling or direction on this issue, as the primary focus was on the petitioner's request to allow his statement in the presence of his counsel under the Customs Act. Therefore, the court's decision did not explicitly address the petitioner's plea regarding harassment or detention in the mentioned case.

This judgment from the Allahabad High Court, delivered by Hon'ble Ritu Raj Awasthi and Hon'ble Mrs. Saroj Yadav, JJ., clarified the petitioner's rights under Section 108(3) of the Customs Act and provided a procedural direction for the petitioner to seek permission to appear with his advocate. The court emphasized the importance of following due process and granted relief by instructing the concerned authority to consider the petitioner's application promptly.