TMI Blog2019 (9) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 personally present throughout the questioning process of the petitioner as a witness pursuant to Ext. P2 summons. Original petition disposed off. - W.P. (C) No. 13249 of 2019 - - - Dated:- 7-5-2019 - Alexander Thomas and N. Nagaresh, JJ. Shri R. Kishore (Kallumthazham), Advocate, for the Petitioner. Shri S. Manu, CGC and P. Vijayakumar, ASGI, for the Respondent. JUDGMENT The prayers in the writ petition are as follows : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... husband of the petitioner was arrested by the 4th respondent alleging that the petitioner s husband is involved in a crime which has been registered as OR No. DRI/CoZU/TVM/05/2019 of the Directorate of Revenue Intelligence, Trivandrum and has been arrayed as accused No. 4 therein. It is stated that the petitioner s husband has been arrested based on statement of another accused recorded under Section 108 of the Customs Act. 4. The petitioner, who is now doing her House Surgency at the Government Medical College, Pariyaram as part of her BDS course, has now been summoned by the 4th respondent as per Ext. P2 summons. According to the petitioner aged 23 years, she is the mother of a child aged 1 years and that she apprehends serious ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner as a witness is required and that therefore, Section 108(3) of the Customs Act only confers discretion on the officer concerned to decide as to whether or not the witness concerned is to be present in person or through authorised agent and that in the facts of the case, the personal presence of the petitioner as a witness is highly imperative. In that regard, the Central Government Counsel appearing for respondents 2 to 4 would point out that it is only based on the said statutory discretion that the 4th respondent officer has issued Ext. P2 summons whereby he has taken a considered decision that personal presence of the petitioner as a witness is highly imperative and necessary and therefore the petitioner is liable to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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