1985 (3) TMI 64 - HC - Customs

Summary

Issues Involved:
1. Fundamental right to legal assistance during interrogation.
2. Validity of statements obtained under alleged coercion and duress.
3. Interpretation of Sections 107 and 108 of the Customs Act.
4. Application of Articles 21, 22(1), and 39A of the Constitution.

Detailed Analysis:

1. Fundamental Right to Legal Assistance During Interrogation:
The primary contention of the petitioners was that they have a fundamental right to legal assistance, which includes the right to have a counsel present during interrogation. This right, they argued, is guaranteed under Articles 21, 22(1), and 39A of the Constitution. The court examined various judgments, including M.H. Hoskot v. State of Maharashtra and Francis Coralie v. Union Territory of Delhi, to determine the scope of this right. The court concluded that the right to consult a legal adviser does not extend to requiring the presence of a lawyer during interrogation under Section 108 of the Customs Act. The court emphasized that the investigation must be discreet and secret, and the presence of a lawyer could compromise this process.

2. Validity of Statements Obtained Under Alleged Coercion and Duress:
The appellant alleged that he was subjected to severe beatings, ill-treatment, and unlawful detention, which coerced him into making statements against his will. The court noted that Sections 107 and 108 of the Customs Act do not authorize customs officers to use coercion or third-degree methods. The court referenced the Full Bench decision in Roshan v. Joint Secretary to the Government, Tamil Nadu, which stated that prolonged custody and coercion could render a statement involuntary and unreliable. The court held that any statements obtained through such means would be questionable and could not be relied upon in proceedings.

3. Interpretation of Sections 107 and 108 of the Customs Act:
Sections 107 and 108 empower customs officers to summon individuals for evidence or interrogation related to smuggling activities. The court clarified that these sections do not authorize the detention or coercion of individuals. The examination or interrogation should be conducted in a manner consistent with human dignity and comfort. The court also noted that the customs officers could not take individuals into custody under these sections, and any prolonged detention or coercion would be beyond their legal authority.

4. Application of Articles 21, 22(1), and 39A of the Constitution:
The court examined whether the right to legal assistance under Article 21, read with Article 39A, extends to having a lawyer present during interrogation. The court referred to the Supreme Court's observations in Nandini Satpathy v. P.L. Dani, which stated that the presence of a lawyer during interrogation is a constitutional claim in some circumstances. However, the court distinguished this case by noting that the interrogation under Section 108 of the Customs Act is part of an investigation and not a custodial interrogation. Therefore, the right to have a lawyer present does not apply in the same manner.

Conclusion:
The court dismissed the appeal and writ petitions, holding that there is no fundamental right for a person summoned under Section 108 to have a lawyer present during interrogation. The court advised the department to permit the presence of lawyers during such examinations, taking necessary precautions to maintain the confidentiality and secrecy of the investigation. The request for leave to appeal to the Supreme Court was also rejected, as no substantial question of law was found to arise from the order.