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TMI Blog2020 (11) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... 20, registered by the National Investigation Agency (NIA) also, and was arrested by the NIA and remanded to judicial custody at Bengaluru. After remand, the petitioner was given to the custody of NIA for the purpose of interrogation. While so, the respondent, after obtaining permission from the Special Court for NIA Cases, formally arrested the petitioner and recorded her statement under Section 108 of the Act. Thereafter, at the request of the respondent, petitioner's custody was given to the Customs for five days. According to the petitioner, during that five day period she was coerced into giving another statement under Section 108 of the Act, copy of which was not given to her, but is being utilised by other investigating agencies l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 161 Cr.P.C and hence the interdiction in 172(3) of the Code is not applicable. Reliance is placed on the Division Bench decision in Kishin S Loungani v. Union of India and Others [2017(1) KHC 355] to buttress the contention. 4. Per contra, the learned Senior Counsel submitted that even in respect of an accused, who had given a statement under Section 108 of the Act, the interdiction under Section 172(3) Cr.P.C will apply. Attention was drawn to Section 4(2) of the Code and the decision of the Honourable Supreme Court in Directorate of Enforcement V.Deepak Mahajan [(1994) 3 SCC 440]. It was contended that in the instant case the Section 108 statements were handed over to the learned Magistrate for perusal and therefore, cannot be te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttendance is considered necessary for giving evidence or to produce documents. Going by Sub-section (3) of Section 108, all persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct; and shall be bound to state the truth upon any subject, with respect to which they are examined or make statements and produce such documents and other things as may be required. 7. Section 4 of the Cr.P.C provides for trial of offences under the IPC and other laws according to the provisions of the Code. As per Section 4(2), all offences under any other law, shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code, subject to any enactment in force re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'any person'. It was held that registration of FIR is not necessary before arresting a person under Section 104. That, after Collecting all the materials with respect to the offence, the Customs Officer is not expected to file a final report as provided under Section 173(2) of Cr.P.C, and instead should file a complaint under Section 190(1)(a) of Cr.P.C. 9. In Deepak Mahajan's case (supra), the question considered was as to whether, a Magistrate before whom a person arrested under sub-section (1) of Section 35 of the Foreign Exchange Regulation Act of 1973, which is in pari materia with sub-section (1) of Section 104 of the Customs Act of 1962, is produced under sub-section (2) of Section 35 of the Foreign Exchange Regulation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantive evidence connecting the petitioner with the contravention by exporting foreign currency out of India." 11. On analysis of the provisions and the precedents, I find substance in the contention of the learned Counsel for the petitioner that the interdiction in Section 172(3) Cr.P.C cannot be relied on to deny copies their Section 108 statements to the accused. 12. Even though I find merit in the contention put forth by the learned Senior Counsel that an application under Rule 222 of the Criminal Rules of Practice ought to be filed on the administrative side, the fact that the learned Magistrate entertained the application and directed to issue copies of most of the documents applied for, deter me from dismissing the Crl.M.C on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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