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2018 (11) TMI 1479 - KERALA HIGH COURTAppearance before the authorities - summons under Section 108 of the Customs Act issued - case of petitioner is that he could not get permission; if at all he left the UAE without his employer's permission, he would lose his job. Therefore, he wanted to be examined through a questionnaire sent to him or through video-conference - Department insisted on his appearance. Held that:- An officer of the Customs will have the power to summon any person whose attendance he considers necessary either to give evidence or to produce a document. And under sub-section (3), all persons who are summoned shall be bound to attend either in person or by an authorised agent. In fact, Sri Augustian lays stress on this alternative and insists that the witness's physical appearance before the authority is not mandatory. The officer can insist on the witness's presence. When an investigation into a crime is in progress, the officer concerned must have complete freedom to proceed with the investigation unhindered-of course within the legal bounds. This Court will not supplant its view on how an investigation should be carried out - also, a person's liberty, safety, and dignity-not to be subjected to degrading or inhuman treatment, including infliction of physical injury-is sacrosanct. Therefore, to balance the competing interests of the investigating agency and the witness summoned, Sibin cannot seek exemption from appearance when the authority, for reasons that weighed with him, has felt that the witness's physical presence is essential for the progress of the investigation. At the same time, the Department must ensure that the witness, in the name of the inquiry, has not been subjected to any physical violence -say, torture. The writ petition disposed off holding that Sibin will appear before the authorities as summoned. But once Sibin appears, the Investigating Officer will examine Sibin strictly under the law - decided against petitioner.
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