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TMI Blog2022 (7) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... / HZU/26B/ENQ-32(INT-NIL)/2018 and F.No. DRI/HZU/ 26C/ENQ-31(INT-NIL)/2018 and thereby direct the concerned authorities to produce the respondent for custodial interrogation, the present petition is filed. 3. By the material available on record, what could be perceived is that as per the version of the petitioner - Directorate of Revenue Intelligence, on the instructions of the respondent herein, one Avinash Soni entered into agreements/registrations from April 2017 onwards with M/s Diamond India Limited, M/s The State Trading Corporation of India Limited, M/s Bank of India and M/s MMTC Limited to purchase duty-free gold bullion under Advance Procurement Scheme of the FTP from Nominated Agencies and SGJ procured huge quantities of duty-fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orcement Directorate for availing bank loan without any secured assets and the other at Kolkata regarding the same set of facts. 6. Learned counsel for the respondent, on the other hand, submits that the Directorate of Revenue Intelligence is under obligation to investigate the case and cull out the truth and it cannot question the respondent and further custodial interrogation is impermissible under law. 7. A perusal of the impugned order discloses that the learned Metropolitan Sessions Judge dismissed the application and disallowed the request of the petitioner for custodial interrogation on two grounds. Firstly, that it does not entertain the jurisdiction to deal with the offences under the Customs Act, and secondly, the petitioner cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Penal Code, 1860 (45 of 1860)." Therefore, by the aforesaid provision, it is clear 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. 9. 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 compe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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