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TMI Blog2019 (9) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner in the presence of a lady officer. (iii) Issue a writ of Mandamus or order or direction to the 4th respondent to record the statement by giving the questions in writing and a copy of the statement so recorded shall be handed over to the petitioner. (iv) Issue a writ of Mandamus or order or direction to the 4th respondent to record the statement in the presence of her Counsel or her parents. (v) Issue a writ of Mandamus or order or direction to the 4th respondent to appear before the 4th respondent through an authorised agent." 2. Heard Sri R. Kishore, Learned Counsel for the petitioner, Sri P. Vijayakumar, Learned ASGI for the 1st respondent (Union of India) and Sri S. Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould submit that it has been now well settled by a series of Rulings of the Apex Court that a person, who has been summoned as a witness in a crime registered under the Customs Act, has no right in law to demand that the questioning of the witness is to be done in the presence of a lawyer. Further, Sri R. Kishore, Learned Counsel for the petitioner, would submit that as per the provisions of Section 108(3) of the Customs Act, all persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct and therefore, the statutory provisions contained in the Customs Act confer a right on a person summoned only as a witness to appear before the officer concerned either in person or through the author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cede to the plea of the petitioner that she has a statutory right to appear before the officer concerned as a witness through an authorised agent, in the facts of this case. However, Sri S. Manu, the Learned Central Government Counsel appearing for respondents 2 to 4, on instructions, would submit that since the petitioner is a woman, it shall be ensured that a woman Customs officer will be personally present throughout the questioning process of the petitioner by the officer concerned in pursuance of Ext. P2 summons. The said undertaking of the respondents made through the Central Government Counsel appearing for respondents 2 to 4 is recorded and it is ordered that respondents 2 to 4 shall ensure that a woman Customs officer shall be pers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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