Home Case Index All Cases Customs Customs + HC Customs - 2022 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 1433 - TELANGANA HIGH COURTDirection to concerned authorities to produce the respondent for custodial interrogation - diversion and sale of duty-free gold bullion in the domestic market with the active involvement of the respondent - fabrication of export documents - HELD THAT:- The Gazetted Officer of customs shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry. That does not mean that power is vested upon the Officer of customs to collect information which would otherwise be termed as incriminating material from the person against whom accusation is made. A person cannot be deprived of his life or personal liberty, except according to procedure established by law as per Article 21 of the Constitution of India. Further, we have got Article 20 (3), which says that no person accused of any offence shall be compelled to be a witness against himself. Though not it can be termed that examining the person against whom accusation is made as a witness, the police or the other officials who are investigating a case cannot be permitted to compel a person against whom accusation is made to make a statement either inculpatory or exculpatory. It is the duty of the Investigating Agency under whatever cadre it may be to investigate the case and to cull out the truth - Permission cannot be accorded for interrogating him only for the purpose of recording his statement for proceeding with the investigation. This Court does not find any other grounds, more so justifiable grounds, to accord such permission. The criminal petition is dismissed.
|