2024 (3) TMI 747 - HC - Customs

Seeking a writ/order/direction to the respondent No.2 to record the petitioner's statement under Section 108 of the Customs Act, in the presence of his advocate i.e. at a visible but not audible distance, during his interrogation - HELD THAT - The petitioner's advocate is permitted to remain present when the petitioner is summoned for interrogation. The petitioner's advocate to remain present at a visible but not audible distance. We also permit videography of the said interrogation, however, at the cost of the petitioner. It is made clear that if the advocate is unable to remain present or if the person videographing is not present, that will not be a ground for the petitioner, not to remain present, before the appropriate authority, when summoned. Petition allowed.

Summary

Issues involved:
The petition seeks a writ/order/direction for recording the petitioner's statement u/s 108 of the Customs Act in the presence of his advocate and permission for videography of the interrogation at the petitioner's cost.

Recording of Statement u/s 108 of the Customs Act:
The petitioner sought permission for his advocate to be present during interrogation and for videography of the interrogation. The petitioner, being the recipient of the goods cleared by Customs, was willing to cooperate with the investigation. The petitioner's counsel relied on a previous decision of the Division Bench where such permission was granted in a similar case. The prayers were opposed by the respondent's counsel. The Court, considering the previous judgment, allowed the petitioner's advocate to be present at a visible but not audible distance during interrogation. Videography of the interrogation was also permitted, with the cost to be borne by the petitioner. It was clarified that the absence of the advocate or videographer would not be a valid reason for the petitioner to not attend when summoned by the authority. The rule was made absolute on the specified terms, allowing the petition and disposing of the matter accordingly.

Conclusion:
The High Court of Bombay allowed the petition, granting permission for the petitioner's advocate to be present during interrogation u/s 108 of the Customs Act and for videography of the interrogation at the petitioner's cost. The Court emphasized that the petitioner must still attend when summoned, even if the advocate or videographer is unavailable.